Commisso v. Teck Coal Limited
The court dismissed Teck Coal’s summary dismissal application, finding material factual disputes on duty of care and causation required a trial.
- Duty of care
- Causation
- Summary trial
- Novel duty
- Statute bar
- Duty-of-care
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Lawson v. B.C. Transit
The court found liability only for the second of two bus incidents, holding the driver failed to ensure the elderly plaintiff was seated before moving.
- Duty of care
- Standard of care
- Foreseeability
- Causation
- Damages assessment
- Apportionment
John v. Flynn
Court held Eaton Yale owed no duty of care to the driving public in these circumstances because mere participation in an EAP and knowledge of some on-premises drinking, without provision or condonation of alcohol or knowledge of observable impairment on the night in question, does not create the requisite proximity or special relationship; thus employer liability may not be extended to cover an employee’s independent off-duty driving after he returned home. Consequently the action against Eaton Yale must be dismissed. The court also held s.267(1) deductions apply to non-automobile defendants,…
Source excerpt
- Duty of care
- Proximate cause
- Foreseeability
- Employee assistance program
- Collateral benefits deduction
- Apportionment of liability
La Reine v. Sylvain et al.
La Cour suprême rejette l’appel de la Couronne et refuse de reconnaître, en droit civil québécois, une action directe pour récupérer des paiements faits à des militaires blessés.
- Quasi-delict
- Loss of services
- Subrogation
- Per quod servitium amisit
- Measure of damages
- Prescription
Modern Motor Sales Ltd. v. Masoud
Appeal from a Quebec warranty action over a used truck’s defective brakes, latent defects, and whether a seller could be liable to both the purchaser and a third party.
- Warranty against latent defects
- Negligence
- Vicarious liability
- Contribution/indemnity
- Res judicata
- Warranty-against-latent-defects
Marsden Kooler Transport v. Pollock
Supreme Court of Canada held the appellants liable after a motorcycle struck a disabled trailer left on a highway, and upheld the damages award under Alberta’s Fatal Accidents Act.
- Duty of care
- Breach of statutory regulation (flares)
- Causation
- Assessment of damages under fatal accidents act
- Vicarious liability
- Illegitimacy and entitlement
Gilmour v. Mossop
Appeal in a negligence action by a housekeeper injured when she tripped over the employer’s dog on a basement stairway; the Supreme Court allowed the appeal and dismissed the claim.
- Negligence
- Duty of care
- Volenti non fit injuria
- Contributory negligence
- Reasonable safety of premises
- Duty-of-care
Dallas v. Home Oil Distributors Ltd.
The Supreme Court of Canada held that a salesman returning home from an employer-invited lecture was not acting in the course of employment, so the company was not vicariously liable.
- Course of employment
- Servant's negligence
- Control test
- Travel to and from work
- Vicarious-liability
- Course-of-employment
Lewis v. Nisbet & Auld Ltd.
The Supreme Court of Canada held that a rotten window sill could be a statutory defect causing a worker’s injury, and ordered a new trial only on damages.
- Employer liability
- Workmen's compensation
- Causation
- Defect in premises
- Contributory negligence
- Damages assessment
Colpron v. The Canadian National Ry. Co.
The Supreme Court of Canada dismissed an appeal by Colpron’s children, holding the railway was exonerated under article 1054 C.C. because the accident was unforeseeable.
- Negligence
- Fait de la chose vs fait de l'homme
- Defence of exoneration under article 1054 c.c.
- Reasonable precautions
- Foreseeability
- Employer-liability
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