Edgar v. Canadian Imperial Bank of Commerce and M & B Industrial Cleaners Ltd., (1977) 6 A.R. 104 (NWTCA)

JudgeMcGillivray, C.J., Sinclair and Prowse, JJ.A.
CourtCourt of Appeal (Northwest Territories)
Case DateSeptember 15, 1977
JurisdictionNorthwest Territories
Citations(1977), 6 A.R. 104 (NWTCA)

Edgar v. CIBC (1977), 6 A.R. 104 (NWTCA)

MLB headnote and full text

Edgar v. Canadian Imperial Bank of Commerce and M & B Industrial Cleaners Ltd.

Indexed As: Edgar v. Canadian Imperial Bank of Commerce and M & B Industrial Cleaners Ltd.

Northwest Territories Court of Appeal

McGillivray, C.J., Sinclair and Prowse, JJ.A.

September 15, 1977.

Summary:

This case arose out of a claim for damages for personal injuries against a bank. The plaintiff was injured when he fell on hard packed snow which covered the sidewalk outside the bank in the City of Yellowknife, N.W.T. The plaintiff was about to enter the bank on business. The plaintiff was wearing boots with leather soles and leather heels which he admitted slipped on snow more easily than rubber-soled shoes. The trial court held that the bank was 50% at fault and that the plaintiff was 50% at fault.

On appeal to the Northwest Territories Court of Appeal the appeal was allowed and the plaintiff's action against the bank was dismissed. The Northwest Territories Court of Appeal stated that the real cause of the accident was the type of footwear worn by the plaintiff.

Torts - Topic 6615

Defences - Contributory negligence - Unsafe apparel or footwear - The plaintiff was injured when he fell on hard packed snow which covered the sidewalk outside the defendant's bank in the City of Yellowknife, N.W.T. - The plaintiff was about to enter the bank on business - The plaintiff was wearing boots with leather soles and leather heels which he admitted slipped on snow more easily than rubber-soled shoes - The Northwest Territories Court of Appeal dismissed the plaintiff's action against the bank - The Northwest Territories Court of Appeal stated that the real cause of the accident was the type of footwear worn by the plaintiff.

Cases Noticed:

Jordan House Ltd. v. Menow and Hornsberger, 38 D.L.R.(3d) 105, refd to. [para. 10].

Donoghue v. Stevenson, [1932] A.C. 562, folld. [para. 11].

Commerford et al. v. Board of School Commissioners of Halifax et al., [1950] 2 D.L.R. 207, folld. [para. 16].

Counsel:

E.D. Johnson, for the plaintiff;

J.E. Richard, for the Bank;

S.F. Goodard, for M & B Industrial Cleaners Ltd.

This appeal was heard by McGILLIVRAY, C.J.N.W.T., SINCLAIR and PROWSE, JJ.A., at Edmonton, Alberta. The judgment of the Northwest Territories Court of Appeal was delivered by McGILLIVRAY, C.J.N.W.T., at Edmonton, Alberta on September 15, 1977.

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8 practice notes
  • Chong v. Flynn et al., (1998) 227 A.R. 397 (QBM)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • June 9, 1998
    ...156 Nfld. & P.E.I.R. 1; 483 A.P.R. 1; 150 D.L.R.(4th) 577 (S.C.C.), refd to. [para. 1]. Edgar v. Canadian Imperial Bank of Commerce (1977), 6 A.R. 104 (N.W.T.C.A)., refd to. [para. Reid v. Board of Education of Calgary et al. (1997), 207 A.R. 238 (Q.B.), refd to. [para. 6]. Shwemer v. O......
  • Chong v. Flynn et al., (1998) 233 A.R. 120 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 14, 1998
    ... [1977] 2 All E.R. 492 (H.L.), refd to. [para. 7]. Edgar v. Canadian Imperial Bank of Commerce and M & B Industrial Cleaners Ltd. (1977), 6 A.R. 104 (N.W.T.C.A.), refd to. [para. 9]. Saskatchewan Wheat Pool v. Canada, [1983] 1 S.C.R. 205 ; 45 N.R. 425 ; 23 C.C.L.T. 121 , refd to. [p......
  • Shwemer v. Odeon Morton Theatres Ltd., (1985) 33 Man.R.(2d) 109 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • January 16, 1985
    ...v. Corporation of the City of Cambridge (1981), 12 M.P.L.R. 229, refd to. [para. 27]. Edgar v. Canadian Imperial Bank of Commerce (1977), 6 A.R. 104, refd to. [paras. 23, Statutes Noticed: City of Winnipeg Act, S.M. 1971, c. 105, sect. 519 [para. 24]. Authors and Works Noticed: Charlesworth......
  • Tibbits v. Molloy, (1989) 94 A.R. 176 (QB)
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • February 3, 1989
    ...A.C. 728, folld. [para. 11]. Donoghue v. Stevenson, [1932] A.C. 562, refd to. [para. 11]. Edgar v. Canadian Imperial Bank of Commerce (1977), 6 A.R. 104, refd to. [para. Statutes Noticed: Contributory Negligence Act, R.S.A. 1980, c. C-23, sect. 1 [para. 17]. Highway Traffic Act, R.S.A. 1980......
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8 cases
  • Shwemer v. Odeon Theatres Ltd., (1985) 33 Man.R.(2d) 109 (QB)
    • Canada
    • Manitoba Court of Queen's Bench of Manitoba (Canada)
    • January 16, 1985
    ...v. Corporation of the City of Cambridge (1981), 12 M.P.L.R. 229, refd to. [para. 27]. Edgar v. Canadian Imperial Bank of Commerce (1977), 6 A.R. 104, refd to. [paras. 23, Statutes Noticed: City of Winnipeg Act, S.M. 1971, c. 105, sect. 519 [para. 24]. Authors and Works Noticed: Charlesworth......
  • Tibbits v. Molloy, (1989) 94 A.R. 176 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • February 3, 1989
    ...A.C. 728, folld. [para. 11]. Donoghue v. Stevenson, [1932] A.C. 562, refd to. [para. 11]. Edgar v. Canadian Imperial Bank of Commerce (1977), 6 A.R. 104, refd to. [para. Statutes Noticed: Contributory Negligence Act, R.S.A. 1980, c. C-23, sect. 1 [para. 17]. Highway Traffic Act, R.S.A. 1980......
  • Koch v. Slave Lake Jewellers Ltd., (2001) 290 A.R. 329 (QB)
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • May 17, 2001
    ...1 S.C.R. 205; 45 N.R. 425, refd to. [para. 12]. Edgar v. Canadian Imperial Bank of Commerce and M & B Industrial Cleaners Ltd. (1977), 6 A.R. 104 (N.W.T.C.A.), refd to. [para. Selkirk v. Lesam Hotels Ltd. et al. (1999), 262 A.R. 1 (Q.B.), refd to. [para. 17]. Boudreault v. Barrett et al......
  • Chong v. Flynn, [1998] A.R. Uned. 723
    • Canada
    • Alberta Court of Queen's Bench of Alberta (Canada)
    • July 13, 1998
    ...by-law can impose a liability on home owners to users of the municipalities sidewalks: Edgar v. Canadian Imperial Bank of Commerce, (1977) 6 A.R. 104 (N.W.T.C.A.); Reid v. Calgary Board of Education , Q.B. 9401-10009, June 11, 1997; Scwemer v. Odeon Morton Theatres Ltd., 37 Man R. (2d) 176 ......
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