Canadian Airlines International Ltd. v. Hudson General Aviation Services Inc. et al., (1994) 129 N.S.R.(2d) 223 (SC)

• Judge: Bateman, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: February 15, 1994
• Jurisdiction: Nova Scotia
• Citations: (1994), 129 N.S.R.(2d) 223 (SC)

Cdn. Airlines v. Hudson Aviation (1994), 129 N.S.R.(2d) 223 (SC);

  362 A.P.R. 223

MLB headnote and full text

Canadian Airlines International Ltd. (plaintiff) v. Hudson General Aviation Services Inc. and Her Majesty the Queen As Represented by the Minister of Transport of Canada (defendants)

(S.H. No. 81255)

Indexed As: Canadian Airlines International Ltd. v. Hudson General Aviation Services Inc. et al.

Nova Scotia Supreme Court

Bateman, J.

February 15, 1994.

Summary:

The plaintiff's aircraft was damaged while being pushed back from the gate prior to take-off. The plaintiff sued the company responsible for the pushback operation and the federal Crown as owner of the airport.

The Nova Scotia Supreme Court held the federal Crown liable and dismissed the action against the other defendant.

Crown - Topic 1568

Torts by and against Crown - Negligence by Crown - Respecting air carriers - The plaintiff's aircraft was damaged while being pushed back from the gate prior to take-off because of ice on the apron - The plaintiff sued the federal Crown as owner of the airport and the company responsible for the pushback operation - The Nova Scotia Supreme Court dismissed the action against the operator and held the federal Crown liable for negligence - The court applied the doctrine of occupiers' liability and found the plaintiff was a contractual entrant thereby requiring a higher standard of care than for invitees - The Crown failed to adequately remove the ice or, alternatively, to warn of hazardous conditions.

Torts - Topic 3574

Occupiers' liability for dangerous premises - Negligence of occupier - Standard of care - [See Crown - Topic 1568 ].

Torts - Topic 3612

Occupiers' liability for dangerous premises - Negligence of particular occupiers - Crown - [See Crown - Topic 1568 ].

Torts - Topic 3670

Occupiers' liability for dangerous premises - Use pursuant to contract - Standard of care - Particular premises - Airports - [See Crown - Topic 1568 ].

Cases Noticed:

Hope v. Newman (1972), 7 N.S.R.(2d) 256 (T.D.), refd to. [para. 12].

McCarthy v. Royal American Shows Inc. (1967), 61 W.W.R.(N.S.) 45 (Man. Q.B.), refd to. [para. 12].

Indermaur v. Dames (1866), L.R. 1 C.P. 274; 35 L.J.C.P. 184, refd to. [para. 13].

Brown v. B. & F. Theatres Ltd., [1947] S.C.R. 486, refd to. [para. 14].

Akhtar v. Dalhousie University (1975), 21 N.S.R.(2d) 593; 28 A.P.R. 593 (T.D.), refd to. [para. 18].

Campbell v. Royal Bank of Canada (1963), 46 W.W.R.(N.S.) 79 (S.C.C.), refd to. [para. 21].

Vyas v. Board of Education of Colchester-East Hants District (1989), 94 N.S.R.(2d) 350; 247 A.P.R. 350 (C.A.), refd to. [para. 25].

Counsel:

R.A. Cluney, Q.C., for the plaintiff;

Michael Donovan, for the defendant, Minister of Transport;

John D. Murphy, Q.C., for the defendant, Hudson General Aviation.

This case was heard in Halifax, Nova Scotia, on February 1, 2, 3, 4, 7, and 8, 1994, before Bateman, J., of the Nova Scotia Supreme Court, who delivered the following judgment on February 15, 1994.