(Supreme Court of Canada) Torts – Negligence – Highways – Crown liability – Provincial ministry engaging independent contractor to remove rocks from cliff face – Contractor performing work negligently, leaving rocks protruding from cliff face – Driver fatally injured when one of rocks fell from cliff face and crashed through his windshield – Whether provincial ministry absolved from liability for contractor’s negligence.
Cory J said that a common law duty of care ‘does not usually demand compliance with a specific obligation. It is only when an act is undertaken by a party that a general duty arises to perform the act with reasonable care.’
Judges:
Sopinka, Cory, McLachlin, Iacobucci and Major JJ
Citations:
[1997] 3 SCR 1145, 43 BCLR (3d) 154, 1997 CanLII 304 (SCC), 153 DLR (4th) 594, [1998] 5 WWR 732
Links:
Cited by:
Cited – Woodland v Essex County Council SC 23-Oct-2013
The claimant had been seriously injured in an accident during a swimming lesson. She sought to claim against the local authority, and now appealed against a finding that it was not responsible, having contracted out the provision of swimming . .
Lists of cited by and citing cases may be incomplete.
Vicarious Liability, Commonwealth, Negligence
Updated: 04 May 2022; Ref: scu.516942