Sault Ste. Marie Pulp and Paper Co. v. Myers

Sault Ste. Marie Pulp and Paper Co. v. Myers

The defendants' failure to securely guard dangerous machinery and to fasten the ladder constituted a breach of an absolute statutory duty under the Ontario Factories Act and was the proximate and efficient cause of the injury; that statutory breach precluded reliance on the fellow‑servant doctrine or on the intervening act of a co‑worker to escape liability, so the appeal must be dismissed.

Citation
(1902) 33 SCR 23
Parties
Defendant Appellant: Sault Ste. Marie Pulp and Paper Company; Plaintiff Respondent: Harry Myers (infant) by John William Myers his father and next friend, and John William Myers
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
12 December 1902
Procedural Posture
Tort — Negligence (workplace Injury) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome
Appeal dismissed with costs; cross‑appeal dismissed with costs
Legal Topics
Negligence, Proximate Cause, Fellow‑servant/common Employment Doctrine, Statutory Obligation to Guard Machinery, Concurrent Causation
Source Language
English
Torts Workplace Safety Statutory Duty Employer Liability Negligence Proximate Cause Fellow‑servant/common Employment Doctrine Statutory Obligation to Guard Machinery +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 4 Authorities cited 22 Party arguments 2
Sign in to unlock

Parties

Sault Ste. Marie Pulp and Paper Company

Defendant Appellant

Harry Myers (infant) by John William Myers his father and next friend, and John William Myers

Plaintiff Respondent

Procedural Posture

Tort — Negligence (workplace Injury) / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

  1. 1 Was the defendant's failure to guard dangerous machinery and to fasten the ladder the proximate cause of the injury?
  2. 2 Does breach of the Ontario Factories Act create an absolute statutory duty giving rise to a private cause of action regardless of fellow‑servant negligence?
  3. 3 Can the defendant rely on the act of a co‑worker as an intervening cause to escape liability?

Ratio Decidendi

The defendants' failure to securely guard dangerous machinery and to fasten the ladder constituted a breach of an absolute statutory duty under the Ontario Factories Act and was the proximate and efficient cause of the injury; that statutory breach precluded reliance on the fellow‑servant doctrine or on the intervening act of a co‑worker to escape liability, so the appeal must be dismissed.

Court Disposition

Appeal dismissed with costs; cross‑appeal dismissed with costs

Orders

  • Appeal to Supreme Court of Canada dismissed with costs
  • Cross‑appeal dismissed with costs