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Appeal dismissed because the actus reus argument was foreclosed by R. v. Wyssen, the appellant failed to prove due diligence on the balance of probabilities, and there was no error of law in the sentence.
Source excerpt
The court found VRS liable for negligent sliding board transfers that injured a quadriplegic plaintiff and caused worsening spasticity and urinary infections.
The Supreme Court of Canada allowed Gilchrist’s appeal against the employer and trustee, holding the unrepaired barn door created a foreseeable risk of injury.
The Supreme Court of Canada held that a manufacturer owed a duty of care for a wiring defect in an electrical machine, and dismissed the appeal, with two judges dissenting.
Appeal from Quebec in a negligence action over a dark gangway. The Supreme Court dismissed the appeal and apportioned damages after finding the employer liable.
The Supreme Court of Canada held that Couture was an independent contractor, so Quebec Asbestos Corporation was not liable for injuries caused by an unexploded charge.
The Supreme Court of Canada held that the employer’s failure to add a guard to a calendar machine did not amount to “inexcusable fault” under Quebec’s compensation law.
The Supreme Court of Canada dismissed a railway worker’s negligence appeal, holding that the finding that uncovered switch-rods were negligent was unsupported by the evidence.
Appeal in a workplace-injury negligence case from dangerous excavation work. The Supreme Court ordered a new trial because the record left key delegation and liability issues unresolved.
The Supreme Court of Canada held that a railway employer could be liable for injuries from dangerous work where an incompetent foreman failed to warn and instruct, and the Railway Act limitation did not apply.
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