Hospitality Investments Ltd. v. Everett Lord Building Construction Ltd.

[1996] 3 SCR 605 Court SCC Decision date 1996-11-08 Docket 24830 English

PartiesThe Town of St. Andrews Appellant·Hospitality Investments Ltd. Respondent·The Union of British Columbia Municipalities Interveners·the Municipal Insurance Association of British Columbia Interveners·the Federation of Canadian Municipalities Interveners

Judges La Forest, Gérard V.; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Delivered by La Forest J.

On appeal from New Brunswick

Subjects Torts

Contents

La Forest J.

La Forest J. -- Despite your valiant efforts, Ms. Garnett, we are all of the view that the appeal should be allowed.

We agree with the trial judge that no duty of care was owed to the respondent in the circumstances of this case. Accordingly, the appeal is allowed, the judgment of the Court of Appeal (1995), 166 N.B.R. (2d) 241, is reversed, and the trial judgment (1993), 143 N.B.R. (2d) 258, is restored, the whole with costs throughout.

Cases cited

166 N.B.R. (2d) 241 166 N.B.R. (2d) 241 ¶ 2
143 N.B.R. (2d) 258 143 N.B.R. (2d) 258 ¶ 2