Moran v. Pyle National (Canada) Ltd.

Moran v. Pyle National (Canada) Ltd.

Where a foreign defendant carelessly manufactures a product that enters normal channels of trade and the defendant knows or ought to know that consumers may be injured and it is reasonably foreseeable the product would be used where the plaintiff was injured, the forum in which the plaintiff suffered damage is entitled to exercise jurisdiction over that defendant; applying that test Saskatchewan courts had jurisdiction.

Citation
[1975] 1 SCR 393
Parties
Plaintiff Appellant: Brenda Elaine Moran; Plaintiff Appellant: Robert William Moran; Plaintiff Appellant: Todd Michael Moran; Defendant Respondent: Pyle National (Canada) Ltd.
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
21 December 1973
Procedural Posture
Fatal Accidents Act Negligence/product Liability / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan on a Jurisdictional Point
Outcome
Appeal allowed; Saskatchewan courts have jurisdiction to entertain the action; costs awarded to appellants
Legal Topics
Jurisdiction, Locus Delicti, Place of Wrong, Negligence, Forum Non Conveniens, Interprovincial Commerce
Source Language
English
Tort Conflict of Laws Civil Procedure Product Liability Personal Injury Jurisdiction Locus Delicti Place of Wrong +3 more

Case Brief

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Parties

Brenda Elaine Moran

Plaintiff Appellant

Robert William Moran

Plaintiff Appellant

Todd Michael Moran

Plaintiff Appellant

Pyle National (Canada) Ltd.

Defendant Respondent

Procedural Posture

Fatal Accidents Act Negligence/product Liability / Appeal to the Supreme Court of Canada From the Court of Appeal for Saskatchewan on a Jurisdictional Point

Legal Issues

  1. 1 Whether the situs (locus delicti) of the alleged tort is Saskatchewan or Ontario
  2. 2 Whether Saskatchewan courts can exercise jurisdiction over an Ontario manufacturer whose product caused injury in Saskatchewan
  3. 3 What test determines the place of a tort for jurisdictional purposes (place of act vs place of harm vs real and substantial connection)

Ratio Decidendi

Where a foreign defendant carelessly manufactures a product that enters normal channels of trade and the defendant knows or ought to know that consumers may be injured and it is reasonably foreseeable the product would be used where the plaintiff was injured, the forum in which the plaintiff suffered damage is entitled to exercise jurisdiction over that defendant; applying that test Saskatchewan courts had jurisdiction.

Court Disposition

Appeal allowed; Saskatchewan courts have jurisdiction to entertain the action; costs awarded to appellants

Orders

  • Appeal allowed
  • Saskatchewan courts have jurisdiction to entertain the action