Ouelette v. Johnson

Ouelette v. Johnson

Where a driver agreed to transport passengers for an agreed fee for specific journeys and performed the arrangement (repeated weekly), the vehicle was being operated in the business of carrying passengers for compensation within s.105(2) and the owner/driver was not relieved from liability for negligence.

Citation
[1963] SCR 96
Parties
Appellant: Lionel Ouelette; Appellant: Ferrier Turcotte; Respondent (plaintiff): John Johnson; Respondent (plaintiff): Gladys Tourigny; Respondent (infant Plaintiff): Terry Tourigny; Respondent (next Friend and Personal Representative): Hazel Agnes Kennefic; Deceased (original Plaintiff): James Leo Kennefic
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 January 1963
Procedural Posture
Tort Negligence (motor Vehicle) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario
Outcome
Appeals dismissed
Legal Topics
Owner Liability, Carrying Passengers for Compensation, Highway Traffic Act S.105(2)
Source Language
English
Torts Motor Vehicle Law Statutory Interpretation Owner Liability Carrying Passengers for Compensation Highway Traffic Act S.105(2)

Case Brief

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Parties

Lionel Ouelette

Appellant

Ferrier Turcotte

Appellant

John Johnson

Respondent (plaintiff)

Gladys Tourigny

Respondent (plaintiff)

Terry Tourigny

Respondent (infant Plaintiff)

Hazel Agnes Kennefic

Respondent (next Friend and Personal Representative)

James Leo Kennefic

Deceased (original Plaintiff)

Procedural Posture

Tort Negligence (motor Vehicle) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario

Legal Issues

  1. 1 Whether the vehicle was being operated in the business of carrying passengers for compensation within the meaning of s.105(2) of the Highway Traffic Act
  2. 2 Whether the owner/driver was relieved from liability to passengers by s.105(2)

Ratio Decidendi

Where a driver agreed to transport passengers for an agreed fee for specific journeys and performed the arrangement (repeated weekly), the vehicle was being operated in the business of carrying passengers for compensation within s.105(2) and the owner/driver was not relieved from liability for negligence.

Court Disposition

Appeals dismissed

Orders

  • Appeals dismissed with costs