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Canada Case Law

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Tort 2013 BCSC 1427

Tabor v. Bridge

Liability trial arising from a towing accident. The court found the tow-truck driver negligent, but also found the plaintiffs contributorily negligent.

  • Duty of care
  • Standard of care
  • Breach of statutory duty
  • Res ipsa loquitur / circumstantial evidence
  • Apportionment of liability under negligence act
  • Safety of passengers in towed vehicles
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Maritime law 2005 BCSC 1121

Thatcher v. Schell et al.

The court found Thatcher’s sailboat was unlit or inadequately lit, making it effectively invisible, and held that his negligence caused the collision.

  • Collision regulations
  • Navigation lights
  • Lookout and safe speed
  • Causation
  • Damages
  • Costs
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Torts [1979] 2 SCR 1010

Kwong v. The Queen in Right of Alberta

The Supreme Court of Canada dismissed an appeal in a negligence claim arising from carbon monoxide poisoning linked to a converted furnace.

  • Carbon monoxide poisoning
  • Liability of the crown
  • Statutory regulations for safety warnings
  • Converted furnaces
  • Negligence
  • Crown-liability
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Torts [1959] SCR 384

Hillman v. MacIntosh

The Supreme Court of Canada held a building owner liable for injuries from a defective freight-elevator interlock, finding the plaintiff was an invitee and not contributorily negligent.

  • Invitee v. licensee
  • Duty of care of occupier
  • Independent contractor defence
  • Contributory negligence
  • Elevator safety interlocks
  • Statutory duty under s.58(1)(c) of the factory, shop and office building act
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Torts [1953] 1 SCR 66

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
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Torts (1912) 46 SCR 643

Temiskaming Mining Co. v. Siven

The Supreme Court of Canada upheld liability for a mine injury where a shaft was left insufficiently protected, and dismissed the employer’s appeal with costs.

  • Negligence
  • Fellow servant doctrine
  • Statutory duty
  • Contributory negligence
  • Workplace safety
  • Mining act compliance
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Mines and minerals (1902) 32 SCR 427

Grant v. Acadia Coal Co.

Appeal in a wrongful-death mine negligence case. The Supreme Court held the employer could be liable for a defective safety system despite fellow-servant negligence.

  • Negligence
  • Fellow‑servant rule
  • Statutory mining regulations
  • Wrongful death
  • Employer liability
  • Inspection and fencing
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.