Beheyt v. Chrupalo et al., (2004) 187 Man.R.(2d) 202 (CA)

• Judge: Scott, C.J.M., Steel and Freedman, JJ.A.
• Court: Court of Appeal (Manitoba)
• Case Date: June 16, 2004
• Jurisdiction: Manitoba
• Citations: (2004), 187 Man.R.(2d) 202 (CA);2004 MBCA 130

Beheyt v. Chrupalo (2004), 187 Man.R.(2d) 202 (CA);

    330 W.A.C. 202

MLB headnote and full text

Temp. Cite: [2004] Man.R.(2d) TBEd. SE.021

Gerald Philip Beheyt (plaintiff/respondent) v. Frank Chrupalo and Stella Chrupalo (defendants/appellants) and Lee Jenks (third party)

(AI 04-30-05781; 2004 MBCA 130)

Indexed As: Beheyt v. Chrupalo et al.

Manitoba Court of Appeal

Scott, C.J.M., Steel and Freedman, JJ.A.

September 9, 2004.

Summary:

The plaintiff sued for damages for personal injuries suffered when he slipped on a walkway leading to a house owned by the defendants and occupied by the third party. The defendants applied for summary judgment.

A Master of the Manitoba Court of Queen's Bench, granted summary judgment and dismissed the action. The plaintiff appealed.

The Manitoba Court of Queen's Bench, in a decision reported at 179 Man.R.(2d) 186, allowed the appeal and dismissed the motion for summary judgment. The defendants appealed.

The Manitoba Court of Appeal allowed the appeal.

Statutes - Topic 2414

Interpretation - Interpretation of words and phrases - General principles - Disjunctive words or phrases - [See Torts - Topic 3551 ].

Torts - Topic 3551

Occupiers' liability or negligence for dangerous premises - Occupier and premises defined - Occupier defined - The plaintiff sued for damages for injuries suffered when he slipped on a walkway leading to a house owned by the defendants and occupied by Jenks - The defendants had given possession and control of the property to their daughter (Wadham) in 1985 - Wadham leased the house to Jenks - Jenks was responsible for clearing the sidewalk - The Manitoba Court of Appeal held that the defendants were entitled to summary judgment where they were not responsible for the premises upkeep and repair and were not landlords under the Residential Tenancies Act - The Act defined "landlord" as including "the owner, or other person permitting or granting a right to occupancy ..." - The defendants were excluded from the definition if "or" was given its normal disjunctive meaning - The normal disjunctive meaning made more sense than a conjunctive meaning when viewed in the context of the Act as a whole - Reading the Act and the Occupiers' Liability Act together did not permit extending the meaning of "landlord" to include owners who were not in physical control or possession of the premises - See paragraphs 23 to 36.

Torts - Topic 3666

Occupiers' liability or negligence for dangerous premises - Use pursuant to contract - Standard of care - Particular premises - Landlord - [See Torts - Topic 3551 ].

Words and Phrases

Landlord - The Manitoba Court of Appeal considered the meaning of "landlord" as defined in the Residential Tenancies Act, S.M. 1990-91, c. 11; C.C.S.M., c. R-119 - See paragraphs 23 to 36.

Cases Noticed:

Blanco et al. v. Canada Trust Co. et al. (2003), 173 Man.R.(2d) 247; 293 W.A.C. 247; 2003 MBCA 64, refd to. [para. 9].

Somers Estate v. Maxwell (1995), 107 Man.R.(2d) 220; 109 W.A.C. 220 (C.A.), refd to. [para. 9].

Shewfelt v. Robin's Supermarket et al. (1994), 91 Man.R.(2d) 46 (Q.B.), refd to. [para. 11].

Sellwood v. Mitchell Fabrics Ltd. et al. (1988), 53 Man.R.(2d) 241 (Q.B.), refd to. [para. 11].

Sentinel Self-Storage Corp. v. Dyregrov et al. (2003), 180 Man.R.(2d) 85; 310 W.A.C. 85; 2003 MBCA 136, refd to. [para. 24].

Federal Steam Navigation Co. v. Department of Trade and Industry, [1974] 2 All E.R. 97 (H.L.), refd to. [para. 26].

Ahluwalia v. College of Physicians and Surgeons (Man.) (1999), 138 Man.R.(2d) 3; 202 W.A.C. 3 (C.A.), refd to. [para. 26].

Melnychuk v. Heard (1963), 45 W.W.R.(N.S.) 257 (Alta. S.C.), refd to. [para. 31].

Mitchell and Milton Management Ltd. v. Peguis Indian Band et al., [1990] 2 S.C.R. 85; 110 N.R. 241; 67 Man.R.(2d) 81, refd to. [para. 31].

Attorney General (ex rel. Yorkshire Derwent Trust Ltd.) v. Brotherton, [1992] 1 A.C. 425 (H.L.), refd to. [para. 31].

Friends of the Oldman River Society v. Canada (Minister of Transport and Minister of Fisheries and Oceans), [1992] 1 S.C.R. 3; 132 N.R. 321, refd to. [para. 31].

MacKeigan, J.A., et al. v. Royal Commission (Marshall Inquiry), [1989] 2 S.C.R. 796; 100 N.R. 81; 94 N.S.R.(2d) 1; 247 A.P.R. 1, refd to. [para. 31].

MacKeigan v. Hickman - see MacKeigan, J.A., et al. v. Royal Commission (Marshall Inquiry).

Chef Ready Foods Ltd. v. Hongkong Bank of Canada, [1991] 2 W.W.R. 136 (B.C.C.A.), refd to. [para. 31].

Medical Centre Apartments Ltd. v. Winnipeg (City) (1969), 3 D.L.R.(3d) 525 (Man. C.A.), refd to. [para. 33].

Authors and Works Noticed:

Driedger, Elmer A., Construction of Statutes (3rd Ed. 1994), p. 261 [para. 26].

Counsel:

C.A. Sherbo, for the appellants;

S.P. Gray, for the respondent.

This appeal was heard on June 16, 2004, by Scott, C.J.M., Steel and Freedman, JJ.A., of the Manitoba Court of Appeal. Scott, C.J.M., delivered the following judgment for the court on September 9, 2004.