Canada Case Law

Peterson v. Anderson

Court

Supreme Court of Nova Scotia

On the facts, no novel duty of care was imposed on the social host: the harm (battery by an autonomous guest) was not reasonably foreseeable to the host and the party did not present an inherent and obvious risk; the Occupiers' Liability Act did not impose liability for the intentional tort of a third-party guest under these circumstances; Ashton Anderson was liable both for intentional battery and in negligence for kicking/pushing the plaintiff down the stairs, and the host Sydney Kenney was not liable for AA’s actions.

Source excerpt

• Duty of care
• Foreseeability
• Proximity
• Anns/cooper test
• Occupiers' liability act s.2-5
• Battery

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Hartling v. Pitman

Court

Supreme Court of British Columbia

The court granted leave to amend the notice of civil claim to add punitive and aggravated damages, finding the proposed amendments were not clearly invalid at law.

• Amendment of pleadings
• Punitive damages
• Aggravated damages
• Social host duty
• Bifurcation
• Amendment-of-pleadings

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McCormickv.Plambeck

Court

British Columbia Court of Appeal

Cet appel en responsabilité délictuelle porte sur la responsabilité d’hôtes sociaux envers un mineur blessé après avoir quitté une fête. La Cour rejette l’appel.

• Foreseeability
• Duty of care
• Proximity
• Anns/cooper test
• Standard of care
• Duty-of-care

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Sidhu v. Hiebert

Court

Supreme Court of British Columbia

The court refused to dismiss social host negligence claims on summary trial, finding disputed facts required a full trial. It dismissed the companion Braun third-party claim.

• Duty of care
• Anns test
• Proximate causation
• Nonfeasance
• Foreseeability
• Contributory negligence

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Prevost v. Vetter et al

Court

Supreme Court of British Columbia

The Supreme Court of British Columbia refused to dismiss a negligence claim, finding Gregory and Shari Vetter owed a duty of care and had breached it.

• Duty of care
• Breach of standard of care
• Foreseeability
• Liability for third-party conduct
• Duty-of-care
• Breach-of-standard-of-care

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