Hyperlawhypertext legal database Veinot v. Kerr-Addison Mines Ltd. [1975] 2 SCR 311

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Veinot v. Kerr-Addison Mines Ltd.

[1975] 2 SCR 311 Court SCC Decision date 1974-10-01 English

PartiesPeter Veinot (Plaintiff) Appellant·Kerr-Addison Mines Limited (Defendant) Respondent

Counsel (4)
R.B. Tuer, Q.C., for the appellant.
C.F. McKeon, Q.C., for the respondent.
Solicitors for the appellant: Fasken & Calvin, Toronto.
Solicitors for the respondent: McGarry & McKeon, Toronto.

Judges Laskin, Bora; Martland, Ronald; Judson, Wilfred; Ritchie, Roland Almon; Spence, Wishart Flett; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Beetz, Jean; de Grandpré, Louis-Philippe

Delivered by Majority

On appeal from Ontario

Subjects Torts

Contents

The judgment of the Chief Justice and Spence and Dickson JJ. was delivered by

The judgment of Martland, Judson, Ritchie and de Grandpré JJ. was delivered by

Was the plaintiff on the date of the accident on the land of the defendant with the implied permission of the defendant?
Answer: Yes.
If the answer to question 1 is “yes”, were the plaintiff’s injuries caused by a concealed or hidden danger or by a trap of which the defendant had knowledge?
Answer: Yes.
If your answer to question 2 is “yes”, what was the concealed or hidden danger or trap? Please specify in detail.
Answer: It was a rusty pipe approximately 2” in diameter suspended across the travelled portion of the road at a height of approx. 45 inches from the road.
If your answers to questions 1 and 2 are “yes”, then did the defendant fail to take reasonable care to avoid injury to such person traversing that area?
Answer: Yes.
If your answer is “yes”, please specify in detail.
There were no distinguishing warnings of the location of the pipe across the roadway from either the east or west approach to the pipe or on the pipe itself.
If your answers to questions 1 and 2 are “yes”, did the plaintiff fail to take reasonable care for his own safety?

Footnotes

  1. [1] [1929] A.C. 358.
  2. [2] [1952] A.C. 737.
  3. [3] [1964] A.C. 1054.
  4. [4] (1960), 104 C.L.R. 274.
  5. [5] [1963] 2 Q.B. 650.
  6. [6] [1972] A.C. 877.
  7. [7] [1972] 3 W.L.R. 387.
  8. [8] [1974] 1 A11 E.R. 87.
  9. [9] [1972] A.C. 877.
  10. [10] [1952] A.C. 737.
  11. [11] [1929] A.C. 358.
  12. [12] [1911] A.C. 361.
  13. [13] [1945] S.C.R. 191.
  14. [14] [1964] A.C. 1054.
  15. [15] [1974] 1 A11 E.R. 87.
  16. [16] (1960), 104 C.L.R. 274.
  17. [17] [1932] A.C. 562.