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

• Judge: McGillivray, C.J., Sinclair and Prowse, JJ.A.
• Court: Court of Appeal (Northwest Territories)
• Case Date: September 15, 1977
• Jurisdiction: Northwest 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.