Stevens-Willson v. City of Chatham

Stevens-Willson v. City of Chatham

The appeal is dismissed because the trial judge and majority of the Court of Appeal made concurrent findings that the Commission’s and firemen’s conduct was not negligent under the chaotic facts and that, as a matter of Ontario law, the City is not liable for mere inactivity of its firemen; those concurrent findings are not shown to be clearly wrong.

Citation
[1934] SCR 353
Parties
Plaintiffs/appellants: Fred B. Stevens and Orlan E. Willson trading as Stevens-Willson; Defendant/respondent: Municipal Corporation of the City of Chatham; Defendant (abandoned on Appeal): Chatham Public Utilities Commission
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
15 March 1934
Procedural Posture
Appeal / Supreme Court of Canada Appeal From Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed
Legal Topics
Liability for Nonfeasance, Statutory Agency, Duty of Fire Brigade, Duty of Electricity Distributor, Causation and Delay
Source Language
English
Municipal Law Tort Negligence Public Utilities Law Liability for Nonfeasance Statutory Agency Duty of Fire Brigade Duty of Electricity Distributor +1 more

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Parties

Fred B. Stevens and Orlan E. Willson trading as Stevens-Willson

Plaintiffs/appellants

Municipal Corporation of the City of Chatham

Defendant/respondent

Chatham Public Utilities Commission

Defendant (abandoned on Appeal)

Procedural Posture

Appeal / Supreme Court of Canada Appeal From Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether delay by Public Utilities Commission in shutting off electric current constituted negligence causing loss
  2. 2 Whether fire department's failure to cut live wires constituted actionable negligence by the municipality
  3. 3 Whether a municipality is liable for mere inactivity (nonfeasance) of its servants

Ratio Decidendi

The appeal is dismissed because the trial judge and majority of the Court of Appeal made concurrent findings that the Commission’s and firemen’s conduct was not negligent under the chaotic facts and that, as a matter of Ontario law, the City is not liable for mere inactivity of its firemen; those concurrent findings are not shown to be clearly wrong.

Court Disposition

Appeal dismissed; judgment of the Court of Appeal for Ontario affirmed

Orders

  • Appeal dismissed with costs
  • Judgment of the Court of Appeal for Ontario affirmed