Alexandroff v. R.

Alexandroff v. R.

The Supreme Court allowed the appeal: the trial judge's findings that Antici, the City and the Province were negligent in maintaining an inadequately marked and improperly lighted mound were supported by the evidence; plaintiff's contributory negligence did not bar recovery and liability was apportioned 50/50; the trial judge's award of $50,000 general damages was not so inordinately high as to require interference and was restored; the City and Province were entitled to indemnity from Antici under the Municipal Act/agreement and the contractor's contract indemnity.

Citation
[1970] SCR 753
Parties
Plaintiff Appellant: Max Alexandroff; Defendant Respondent: Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Highways for the Province of Ontario; Defendant Respondent: The Corporation of the City of St. Catharines; Defendant Respondent: Antici Construction Company Limited
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
19 March 1970
Procedural Posture
Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario (decision on Liability and Quantum of Damages)
Outcome
Appeal allowed (in part); trial judge's findings of negligence and apportionment restored; general damages restored; indemnity claims in favour of City and Province against contractor upheld.
Legal Topics
Negligence, Damages (general and Special), Apportionment/contributory Negligence, Indemnity, Construction Site Traffic Control, Appellate Review of Quantum
Source Language
English
Torts Municipal Law Contract Law Civil Procedure Negligence Damages (general and Special) Apportionment/contributory Negligence Indemnity +2 more

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Parties

Max Alexandroff

Plaintiff Appellant

Her Majesty the Queen in right of the Province of Ontario represented by the Minister of Highways for the Province of Ontario

Defendant Respondent

The Corporation of the City of St. Catharines

Defendant Respondent

Antici Construction Company Limited

Defendant Respondent

Procedural Posture

Tort (negligence) / Appeal to Supreme Court of Canada From Court of Appeal for Ontario (decision on Liability and Quantum of Damages)

Legal Issues

  1. 1 Whether Antici, the City and the Province were negligent in leaving an inadequately marked sand/gravel mound on a public roadway and whether that negligence caused the plaintiff's injuries
  2. 2 Whether the plaintiff's contributory negligence was sole cause (ultimate negligence doctrine) or whether liability should be apportioned
  3. 3 Whether the Court of Appeal could properly reduce general damages when it dismissed the action

Ratio Decidendi

The Supreme Court allowed the appeal: the trial judge's findings that Antici, the City and the Province were negligent in maintaining an inadequately marked and improperly lighted mound were supported by the evidence; plaintiff's contributory negligence did not bar recovery and liability was apportioned 50/50; the trial judge's award of $50,000 general damages was not so inordinately high as to require interference and was restored; the City and Province were entitled to indemnity from Antici under the Municipal Act/agreement and the contractor's contract indemnity.

Court Disposition

Appeal allowed (in part); trial judge's findings of negligence and apportionment restored; general damages restored; indemnity claims in favour of City and Province against contractor upheld.

Orders

  • Judgment for appellant against respondents in the amount of $52,901.87 with costs here and below
  • General damages of $50,000 restored to the appellant