Beaton v. MacMaster, (1986) 72 N.S.R.(2d) 336 (TD)

• Judge: Rogers, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 11, 1986
• Jurisdiction: Nova Scotia
• Citations: (1986), 72 N.S.R.(2d) 336 (TD)

Beaton v. MacMaster (1986), 72 N.S.R.(2d) 336 (TD);

    173 A.P.R. 336

MLB headnote and full text

Beaton v. MacMaster

(S.H. No. 50756)

Indexed As: Beaton v. MacMaster

Nova Scotia Supreme Court

Trial Division

Rogers, J.

March 11, 1986.

Summary:

A 39 year old daughter brought an action against her mother for damages for personal injuries suffered when she fell down a flight of stairs in her mother's house. The daughter alleged she tripped over a frayed mat outside her bedroom. She suffered a broken neck in the fall.

The Nova Scotia Supreme Court, Trial Division, dismissed the daughter's claim. The court held there was no liability on the mother for her daughter's injury.

Torts - Topic 3762

Occupier's liability for dangerous premises - Licensees - Standard of care of occupier - Home - A 39 year old women fell down a flight of stairs in her mother's home and suffered a broken neck - The daughter alleged she tripped on a frayed rug - The daughter brought an action for damages for personal injuries - The Nova Scotia Supreme Court, Trial Division, dismissed the claim - The court held that the daughter was a licensee on the premises - The court stated that the licensor has no duty to inspect his premises and is only responsible to warn of concealed dangers within the occupant's knowledge - See paragraphs 23 to 31.

Torts - Topic 6883

Defences - Knowledge - Dangerous premises - A 39 year old women fell down a flight of stairs in her mother's home and suffered a broken neck - The daughter alleged she tripped on a frayed rug - The daughter brought an action for damages for personal injuries - The Nova Scotia Supreme Court, Trial Division, dismissed the claim - The court held that the daughter was a licensee on the premises - The court held that if there was any risk, the daughter voluntarily assumed the risk by using the hallway in question and by not removing the rug - See paragraphs 27 to 31.

Cases Noticed:

Langille v. Walton (1983), 55 N.S.R.(2d) 713; 114 A.P.R. 713, consd. [para. 25].

Mitchell v. C.N.R., [1975] 1 S.C.R. 592; 1 N.R. 344; 46 D.L.R.(3d) 363, refd to. [para. 27].

Authors and Works Noticed:

DiCastri, Occupier's Liability (1981), pp. 88 [para. 26]; 91 [para. 27].

Fleming, Law of Torts (6th Ed. 1983), p. 425 [para. 24].

Counsel:

Michael F. LeBlanc, for the plaintiff;

Clarence A. Beckett, for the defendant.

This case was heard on March 11, 1986, at Halifax, Nova Scotia, before Rogers, J., of the Nova Scotia Supreme Court, Trial Division, who delivered the following judgment on March 20, 1986: