Evaniuk v. 79846 Manitoba Inc., (1990) 68 Man.R.(2d) 306 (QB)

• Judge: Darichuk, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: November 14, 1990
• Jurisdiction: Manitoba
• Citations: (1990), 68 Man.R.(2d) 306 (QB)

Evaniuk v. 79846 Man. Inc. (1990), 68 Man.R.(2d) 306 (QB)

MLB headnote and full text

Linda Evaniuk (plaintiff) v. 79846 Manitoba Inc., carrying on business under the firm name and style of Pandora Inn (defendant)

(File No. 88-01-30739)

Indexed As: Evaniuk v. 79846 Manitoba Inc.

Manitoba Court of Queen's Bench

Winnipeg Centre

Darichuk, J.

November 14, 1990.

Summary:

The plaintiff patron was forcibly ejected from a hotel lounge by doormen employed by the hotel owner. The plaintiff sued the hotel owner for damages.

The Manitoba Court of Queen's Bench allowed the action and assessed damages accordingly. The court awarded general and special damages, but refused to award exemplary damages.

Damage Awards - Topic 70

Injury and death - Body injuries - Back - Aggravation of pre-existing condition - An overweight female plaintiff suffered multiple bruises to both feet, sprained and swollen ankles and a bruise on the left wrist when forcibly ejected from a hotel lounge - Pain in hips - Aggravation of pre-existing back injury - Lingering pain in wrist - The Manitoba Court of Queen's Bench awarded the plaintiff $10,000.00 general damages for nonpecuniary loss, plus $1,000.00 for loss of the opportunity to invest - See paragraphs 13 to 18.

Damage Awards - Topic 124

Injury and death - Leg injuries - General - [See Damage Awards - Topic 70].

Master and Servant - Topic 3675

Liability of master for acts of servant - Torts - General - The Manitoba Court of Queen's Bench stated that to establish vicarious liability, the plaintiff need not establish that the specific act complained of was specifically authorized by the employer, provided it meets the "closely connected test" - See paragraph 11.

Master and Servant - Topic 3679

Liability of master for acts of servant - Torts - Acts in course of employment - Two doormen acted within the scope of their assigned duties in forcibly removing the plaintiff customer from a hotel lounge - However, the doormen used excessive force in ejecting the customer which was neither warranted nor justifiable - The Manitoba Court of Queen's Bench held, however, that the hotel owner was vicariously liable for the tortious actions of its employees, because their actions met the "closely connected test" - See paragraph 12.

Torts - Topic 2530

Vicarious liability - Master and servant - Employer - Liability for acts of employees - [See Master and Servant - Topic 3675 and 3679].

Cases Noticed:

Lockhart v. Canadian Pacific Railway Company, [1942] 3 W.W.R. 149, refd to. [para. 11].

Marchak v. Nasoty (1988), 52 Man.R.(2d) 313, refd to. [para. 18].

Melynchuk v. Moore and Associated Beer Distributors Ltd. (1989), 57 Man.R.(2d) 174, refd to. [para. 18].

Scott v. Gingras (1990), 66 Man.R.(2d) 76, refd to. [para. 18].

Weinstein and Vaudreuil v. Bucar (1990), 68 Man.R.(2d) 155, refd to. [para. 20].

Smith v. Lasko (1987), 47 Man.R.(2d) 199, refd to. [para. 20].

Sakawski v. Rusiecki (1960), 67 Man. R. 256, refd to. [para. 20].

Statutes Noticed:

Court of Queen's Bench Act - see Queen's Bench Act.

Queen's Bench Act, S.M. 1988-89, c. C-180; C.C.S.M., c. C-180, sect. 80(1), sect. 80(2) [para. 19]; sect. 80(3) [para. 18].

Counsel:

Alain J. Hogue, for the plaintiff;

T. Andrew Bunn, for the defendant.

This action was heard before Darichuk, J., of the Manitoba Court of Queen's Bench, Winnipeg Centre, whose decision was delivered on November 14, 1990.