Governor and Company of Adventurers of England Trading into Hudson's Bay v. Wyrzykowski

Governor and Company of Adventurers of England Trading into Hudson's Bay v. Wyrzykowski

The escalator fell within the scope of the Elevator and Hoist Act and certificates of inspection and permits were relevant and admissible on the issue of compliance with statutory standards; however the extract of the post-accident inspector's report was inadmissible as hearsay and not properly receivable under s.31 of the Evidence Act, and the trial judge failed to differentiate adequately the occupier's duty to a small child from that to an adult, thereby warranting setting aside the verdict and ordering a new trial (appeal dismissed, order for new trial upheld).

Citation
[1938] SCR 278
Parties
Defendant/appellant: Governor and Company of Adventurers of England Trading into Hudson's Bay; Plaintiff (infant)/respondent: Conrad Leslie Wyrzykowski; Plaintiff (next Friend)/respondent: Casimir T. Wyrzykowski
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
26 April 1938
Procedural Posture
Negligence (tort) / Appeal to Supreme Court of Canada From the Court of Appeal for Manitoba
Outcome
Appeal dismissed; Court of Appeal order directing a new trial upheld
Legal Topics
Negligence, Occupier's Liability, Admissibility of Public Documents, Jury Misdirection, Duty to Children, Inspection and Certification Under Statute
Source Language
English
Torts Evidence Statutory Interpretation Administrative Law Negligence Occupier's Liability Admissibility of Public Documents Jury Misdirection +2 more

Case Brief

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Parties

Governor and Company of Adventurers of England Trading into Hudson's Bay

Defendant/appellant

Conrad Leslie Wyrzykowski

Plaintiff (infant)/respondent

Casimir T. Wyrzykowski

Plaintiff (next Friend)/respondent

Procedural Posture

Negligence (tort) / Appeal to Supreme Court of Canada From the Court of Appeal for Manitoba

Legal Issues

  1. 1 Whether an escalator fell within the Manitoba Elevator and Hoist Act
  2. 2 Whether government permits and inspection certificates were admissible evidence
  3. 3 Whether a post-accident government inspector's report was admissible under s.31 of the Manitoba Evidence Act

Ratio Decidendi

The escalator fell within the scope of the Elevator and Hoist Act and certificates of inspection and permits were relevant and admissible on the issue of compliance with statutory standards; however the extract of the post-accident inspector's report was inadmissible as hearsay and not properly receivable under s.31 of the Evidence Act, and the trial judge failed to differentiate adequately the occupier's duty to a small child from that to an adult, thereby warranting setting aside the verdict and ordering a new trial (appeal dismissed, order for new trial upheld).

Court Disposition

Appeal dismissed; Court of Appeal order directing a new trial upheld

Orders

  • Appeal dismissed with costs
  • Order of the Court of Appeal directing a new trial is affirmed