Burris v. Disabled Consumer Association of Colchester
The Court dismissed the appeal, concluding the trial judge did not err: no duty of care was owed on the facts; alternatively, if a duty arose the respondents took reasonable steps; and residual policy considerations would prevent imposing tort liability.
Source-derived case information.
- Citation
- 2009 NSCA 62
- Parties
- Appellant: Margaret Bernadette Louise Burris; Respondent: Disabled Consumer Society of Colchester; Respondent: Kinsmen & Kinette Club of Canada, Truro Club
- Court
- Nova Scotia Court of Appeal
- Jurisdiction
- Canada
- Judgment Date
- 8 June 2009
- Procedural Posture
- Civil Appeal (tort/negligence) / Appeal to Court of Appeal After Liability Trial
- Outcome
- Appeal dismissed
- Legal Topics
- Duty of Care, Negligence, Policy Considerations, Standard of Care, Appeal Standard of Review
- Source Language
- en
Source-derived case record
Summary, issues, holding and outcome
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Parties
Margaret Bernadette Louise Burris
Appellant
Disabled Consumer Society of Colchester
Respondent
Kinsmen & Kinette Club of Canada, Truro Club
Respondent
Procedural Posture
Civil Appeal (tort/negligence) / Appeal to Court of Appeal After Liability Trial
Legal Issues
- 1 Whether the respondents owed a duty of care to the appellant
- 2 Whether the trial judge erred in law or made palpable and overriding errors of fact
- 3 Whether respondents took reasonable steps to satisfy any duty of care
Ratio Decidendi
The Court dismissed the appeal, concluding the trial judge did not err: no duty of care was owed on the facts; alternatively, if a duty arose the respondents took reasonable steps; and residual policy considerations would prevent imposing tort liability.
Court Disposition
Appeal dismissed
Orders
- Appeal dismissed
- Costs of $2,000.00 inclusive of disbursements awarded to each respondent
Full Case Text
Judgment text and source record
1 paragraphs
Burris v. Disabled Consumer Association of Colchester Court Court of Appeal Date 2009-06-08 Citation 2009 NSCA 62 Docket CA 301989 Judge/Registrar/Adjudicator Oland, Linda L. (Honourable Justice); Saunders, Jamie W. S. (Honourable Justice) (CA); MacDonald, J. Michael (Honourable Chief Justice) (CA) Document Type Decision Decision Content NOVA SCOTIA COURT OF APPEAL Citation: Burris v. Disabled Consumer Association of Colchester, 2009 NSCA 62 Date: 20090608 Docket: CA 301989 Registry: Halifax Between: Margaret Bernadette Louise Burris Appellant v. Disabled Consumer Society of Colchester and Kinsmen & Kinette Club of Canada, Truro Club Respondents Judges: MacDonald, C.J.N.S.; Saunders and Oland, JJ.A. Appeal Heard: June 8, 2009, in Halifax, Nova Scotia Written Judgment: June 10, 2009 Held: Appeal dismissed per oral reasons for judgment of Saunders, J.A.; MacDonald, C.J.N.S. and Oland, J.A. concurring. Counsel: Bradford Yuill, for the appellant C. Patricia Mitchell and Donn Fraser, for the respondent Disabled Consumer Society of Colchester Jean McKenna, for the respondent Kinsmen & Kinette Club of Canada, Truro Club Reasons for judgment: (Orally) [1] After considering all of the submissions, we are unanimously of the view that the appeal ought to be dismissed. [2] We see no error on the part of Justice J.E. Scanlan in dismissing the appellant’s claim against the respondents after a 2-day trial dealing with liability only (now reported 2008 NSSC 121). [3] Specifically, we are not persuaded that the trial judge erred in law, or made any palpable and overriding error of fact in deciding: - no duty was owed to the appellant by the respondents, in the unique circumstances of this case, - but, that if a duty of care arose, the respondents had taken all reasonable steps to satisfy such a duty, and - in any event, if such a duty were owed, then important policy considerations would preclude the imposition of tort liability. [4] Accordingly the appeal is dismissed with costs of $2,000.00 inclusive of disbursements awarded to each of the respondents. Saunders, J.A. Concurred in: MacDonald, C.J.N.S. Oland, J.A.