Canada Judgment

Supreme Court of Canada

St. Lawrence Flour Mills Co. v Stewart

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Source document

01

Holding and result

The employer breached its duty to provide safe machinery by failing to install a guard; the employee was contributorily negligent but that did not absolve the employer and damages should be reduced accordingly — award of $2,000 upheld; appeal dismissed.

Court disposition

Appeal dismissed with costs; judgment of the Court of King's Bench, Appeal Side (which had awarded $2,000 to the respondent for contributory negligence) affirmed by the Supreme Court of Canada.

Orders

  • Appeal dismissed with costs
  • Judgment of Court of Appeal maintained awarding $2,000 to respondent

02

Material facts

Parties

St. Lawrence Flour Mills Company

Appellant Counsel: J. E. Martin K.C.; John Hackett

Stewart

Respondent Counsel: Vipond K.C.

Amounts and remedies

  • Claimed Damages: CAD 10,000
  • Awarded Damages: CAD 2,000

03

Procedural history

  1. Posture

    Master and Servant / Workplace Injury (tort Negligence) / Appeal to the Supreme Court of Canada From Court of King's Bench, Appeal Side (quebec)

04

Questions and positions

Legal issues

Party arguments

Applicant
Appellant argued it was not liable because the respondent had long had control of the saw, was aware of the need for a guard and never requested one, and therefore the accident was the respondent's fault.
Respondent
Respondent argued the accident was caused by absence of a saw guard which the employer should have provided and sought $10,000 in damages.

05

Court’s reasoning

  1. 01

    Common law — master and servant duty as applied by appellate courts

    Employer has a duty to provide safe plant and appliances and to guard dangerous machinery.

  2. 02

    Common law principle applied by the Court of Appeal and affirmed by the Supreme Court of Canada

    Contributory negligence by an employee reduces recoverable damages but does not necessarily absolve employer liability where employer's duty is breached.

06

Ratio, limits and disposition

Ratio decidendi

The employer breached its duty to provide safe machinery by failing to install a guard; the employee was contributorily negligent but that did not absolve the employer and damages should be reduced accordingly — award of $2,000 upheld; appeal dismissed.

Obiter and limits

  • Dissent by Davies J. was recorded but did not alter the majority conclusion.
  • Long term control of a machine by an employee and knowledge of risk do not automatically relieve an employer of the duty to provide guards on dangerous machinery.

Court disposition

Appeal dismissed with costs; judgment of the Court of King's Bench, Appeal Side (which had awarded $2,000 to the respondent for contributory negligence) affirmed by the Supreme Court of Canada.

  • Appeal dismissed with costs
  • Judgment of Court of Appeal maintained awarding $2,000 to respondent

Source and reliance status

Supreme Court of Canada · 28 November 1917

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Judgment text

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Source document

Supreme Court of Canada

Judgment· 28 November 1917

(1917) 55 SCR 624

St. Lawrence Flour Mills Co. v Stewart Collection Supreme Court Judgments Date 1917-11-28 Report (1917) 55 SCR 624 Judges Fitzpatrick, Charles; Davies, Louis Henry; Idington, John; Duff, Lyman Poore; Anglin, Francis Alexander On appeal from Quebec Subjects Labour law Decision Content Supreme Court of Canada St. Lawrence Flour Mills Co. v Stewart, (1917) 55 S.C.R. 624 Date: 1917-11-28 St. Lawrence Flour Mills Company v. Stewart. 1917: October 26; 1917: November 28. Present: Sir Charles Fitzpatrick C.J. and Davies, Idington, Duff and Anglin JJ. ON APPEAL FROM THE COURT OF KING'S BENCH, APPEAL SIDE, PROVINCE OF QUEBEC. Master and servant—Liability—Saw-guard—Contributory negligence. APPEAL from the judgment of the Court of King's Bench, Appeal Side[1], reversing the judgment of Greenshields J. at the trial and maintaining the action of the plaintiff-respondent with costs. The respondent, a millwright, was employed as such by the appellant in a large flour mill. While he was operating a circular saw, his left hand was suddenly turned into the teeth of the saw. The respondent took an action in damages for $10,000.00, alleging that the accident occurred because there was no guard over the saw, when the appellant should have had one installed. The appellant denied any liability for the reasons that the respondent had, for a long time before the accident, control of the saw, that he was

himself aware of the necessity of a guard and that he had never complained or asked that one should be installed. The trial court dismissed the action on the ground that the respondent was alone responsible for the accident. But this judgment was reversed by the Court of Appeal who held that the appellant was also, though in a less degree, liable and, on account of contributory negligence, assessed damages at $2,000.00. The defendant appealed to the Supreme Court of Canada, which, after having heard counsel on behalf of both parties, reserved judgment and subsequently dismissed the appeal, Davies J. dissenting. Appeal dismissed with costs. J. E. Martin K.C. and John Hackett for the appellant. Vipond K.C. for the respondent. [1] Q.R. 26 K.B. 476.

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Authorities

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St. Lawrence Flour Mills Co. v Stewart, (1917) 55 S.C.R. 624

Case cited

Q.R. 26 K.B. 476

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