Oulette v. Johnson, [1963] S.C.R. 96 (1963)

Extract

---

Oulette v. Johnson, [1963] S.C.R. 96 (1963)

Supreme Court of Canada

Oulette v. Johnson, [1963] S.C.R. 96

Date: 1963-01-22

Lionel Ouelette (Defendant) Appellant;

and

John Johnson (Plaintiff) Respondent.

Lionel Ouelette and Ferrier Turcotte (Defendants) Appellants;

and

Gladys Tourigny and Terry Tourigny infants under the age of 21 years by their next friend Hazel Agnes Kennefic and the said Hazel Agnes Kennefic, personal representative of James Leo Kennefic deceased (Plaintiffs) Respondents.

1962: December 13; 1963: January 22.

Present: Kerwin C.J. and Cartwright, Abbott, Martland and Ritchie JJ.

ON APPEAL FROM THE COURT OF APPEAL FOR ONTARIO.

Negligence-Motor vehicles-Passengers carried pursuant to agreements for particular journeys-One passenger injured and another killed-Whether vehicle "operated in the business of carrying passengers for compensation"-Liability of owner-The Highway Traffic Act, R.S.O. 1960, c. 172, s. 105(2).

The defendant while carrying two passengers in his motor vehicle was involved in a collision with another motor vehicle, as a result of which one of the passengers, the plaintiff J, was seriously injured, and the other passenger, the husband of the plaintiff K, was killed. J and K had made separate arrangements with the defendant whereby the latter agreed to provide them with transportation, at a fixed rate, from their place of employment to their family homes and return on weekends. It was while they were being driven by the defendant pursuant to these agreements that the accident occurred. The trial judge, who held that the collision was caused solely by the negligence of the defendant, was of the opinion that at the time of the accident the defendant's automobile was being "operated in the business of carrying passengers for compensation", within the meaning of s. 105(2) of The Highway Traffic Act, R.S.O. 1960, c. 172, and gave judgment...

See the full content of this document

---