G.A. et al. v. D.R.M. et al., 2003 ABQB 960

JudgeVerville, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateNovember 24, 2003
Citations2003 ABQB 960;(2003), 347 A.R. 376 (QB)

G.A. v. D.R.M. (2003), 347 A.R. 376 (QB)

MLB headnote and full text

Temp. Cite: [2003] A.R. TBEd. DE.027

G.A. and Her Majesty the Queen in Right of Alberta (plaintiffs) v. D.R.M., J.A.M. and St. Regis Developments Inc. (defendants)

(0203-07082; 2003 ABQB 960)

Indexed As: G.A. et al. v. D.R.M. et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Verville, J.

November 24, 2003.

Summary:

The plaintiff was sexually assaulted by the managers of her apartment complex during a social visit to their apartment. She sued the managers and her landlord. The landlord brought a non-suit application.

The Alberta Court of Queen's Bench, allowed the application and dismissed the action against the landlord.

Master and Servant - Topic 3703

Liability of master for acts of servant - Torts - Wilful acts - Sexual abuse - The plaintiff was sexually assaulted by the managers of her apartment complex, a married couple, during a social visit to their apartment - She sued the managers and her landlord - The Alberta Court of Queen's Bench held that the plaintiff had not proved that the managers were employees of the landlord as opposed to independent contractors, but the result on liability would have been the same in either case - The landlord was not vicariously liable - See paragraphs 40 to 59.

Torts - Topic 2530

Vicarious liability - Master and servant - Employer - Liability for acts of employees - [See Master and Servant - Topic 3703 ].

Torts - Topic 2563

Vicarious liability - For independent contractors - Sexual abuse - [See Master and Servant - Topic 3703 ].

Torts - Topic 3504

Occupiers' liability or negligence for dangerous premises - General principles - Duty of occupier - Foreseeability - [See Torts - Topic 3666 ].

Torts - Topic 3666

Occupiers' liability or negligence for dangerous premises - Use pursuant to contract - Standard of care - Particular premises - Landlord - The plaintiff was sexually assaulted by the managers of her apartment complex, a married couple, during a social visit to their apartment - She sued the managers and her landlord - The Alberta Court of Queen's Bench held that the landlord had not breached its duties at common law or under the Residential Tenancies or Occupier's Liability Acts - The landlord knew that the managers were heavy drinkers, that they had fought with each other and that the husband had been arrested and was at times verbally abusive - However, there was no evidence that the sexual assault was foreseeable - See paragraphs 27 to 39.

Cases Noticed:

Belzil v. Bain et al. (2001), 300 A.R. 72 (Q.B.), refd to. [para. 23].

T.E.G.H. v. P.K. et al. (2001), 282 A.R. 45 (Q.B.), refd to. [para. 34].

E.D.G. v. Hammer et al., [1998] B.C.T.C. Uned. 974; 53 B.C.L.R.(3d) 89 (S.C.), revd. in part (2001), 151 B.C.A.C. 34; 249 W.A.C. 34 (C.A.), affd. (2003), 310 N.R. 1; 187 B.C.A.C. 193; 307 W.A.C. 193 (S.C.C.), refd to. [para. 35].

Q. et al. v. Minto Management Ltd. et al. (1985), 49 O.R.(2d) 531 (H.C.), affd. (1986), 57 O.R.(2d) 781 (C.A.), dist. [para. 38].

K.L.B. et al. v. British Columbia et al. (2003), 309 N.R. 306; 187 B.C.A.C. 42; 307 W.A.C. 42; 2003 SCC 51, refd to. [para. 40].

P.A.B. v. Children's Foundation et al., [1999] 2 S.C.R. 534; 241 N.R. 266; 124 B.C.A.C. 119; 203 W.A.C. 119, appld. [para. 43].

G.T.-J. et al. v. Griffiths et al., [1999] 2 S.C.R. 570; 241 N.R. 201; 124 B.C.A.C. 161; 203 W.A.C. 161, refd to. [para. 44].

E.B. v. Order of the Oblates of Mary Immaculate (B.C.) et al. (2003), 182 B.C.A.C. 288; 300 W.A.C. 288 (C.A.), refd to. [para. 44].

Counsel:

Charles E. Campbell (Campbell & Van Doesburg), for the plaintiff, G.A.;

Peter B. Michalyshyn (Catwini Cox Michalyshyn), for the defendant, St. Regis Developments Inc.

This application was heard on November 18 and 19, 2003, by Verville, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following decision on November 24, 2003.

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7 practice notes
  • Re/Max Real Estate (Edmonton) Ltd. v. Alberta Social Housing Corp., 2005 ABQB 779
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 4, 2005
    ...54 to 71. Cases Noticed: Belzil v. Bain et al. (2001), 300 A.R. 72; 2001 ABQB 890, refd to. [para. 5]. G.A. et al. v. D.R.M. et al. (2003), 347 A.R. 376; 2003 ABQB 960, refd to. [para. 5]. Duff (Alex) Realty Ltd. v. Eaglecrest Holdings Ltd. et al. (1983), 44 A.R. 67; 26 Alta. L.R.(2d) 133 (......
  • Kainth v. Capital Health Authority et al., 2006 ABQB 401
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 24, 2006
    ...5390 ]. Cases Noticed: Belzil v. Bain et al. (2001), 300 A.R. 72; 2001 ABQB 890, refd to. [para. 2]. G.A. et al. v. D.R.M. et al. (2003), 347 A.R. 376; 2003 ABQB 960, refd to. [para. 2]. Re/Max Real Estate (Edmonton) Ltd. v. Alberta Social Housing Corp. (2005), 388 A.R. 354; 2005 ABQB 779, ......
  • Corfield v. Shaw et al., [2011] B.C.T.C. Uned. 1529
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 10, 2011
    ...in Pawlett was perfunctory. The court did not consider the first step in the analysis at all. It did not refer to G.A. v. McGregor , 2003 ABQB 960, or other cases which might have provided some assistance on that issue. More significantly, the court did not refer to Jacobi or other decision......
  • Dhaliwal v. DS Homes Inc., 2009 ABPC 33
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 4, 2009
    ...of an application for a non-suit was set out in Belzil v. Bain (2001), 300 A.R. 72, 2001 ABQB 890 and echoed in G.A. v. McGregor (2003), 347 A.R. 376, 2003 ABQB 960. In Belzil , Kenny J. Stated at paras. 33 to 35: 'A non-suit should only be granted in the clearest cases. There must be "no e......
  • Request a trial to view additional results
7 cases
  • Re/Max Real Estate (Edmonton) Ltd. v. Alberta Social Housing Corp., 2005 ABQB 779
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • October 4, 2005
    ...54 to 71. Cases Noticed: Belzil v. Bain et al. (2001), 300 A.R. 72; 2001 ABQB 890, refd to. [para. 5]. G.A. et al. v. D.R.M. et al. (2003), 347 A.R. 376; 2003 ABQB 960, refd to. [para. 5]. Duff (Alex) Realty Ltd. v. Eaglecrest Holdings Ltd. et al. (1983), 44 A.R. 67; 26 Alta. L.R.(2d) 133 (......
  • Kainth v. Capital Health Authority et al., 2006 ABQB 401
    • Canada
    • Court of Queen's Bench of Alberta (Canada)
    • April 24, 2006
    ...5390 ]. Cases Noticed: Belzil v. Bain et al. (2001), 300 A.R. 72; 2001 ABQB 890, refd to. [para. 2]. G.A. et al. v. D.R.M. et al. (2003), 347 A.R. 376; 2003 ABQB 960, refd to. [para. 2]. Re/Max Real Estate (Edmonton) Ltd. v. Alberta Social Housing Corp. (2005), 388 A.R. 354; 2005 ABQB 779, ......
  • Corfield v. Shaw et al., [2011] B.C.T.C. Uned. 1529
    • Canada
    • Supreme Court of British Columbia (Canada)
    • November 10, 2011
    ...in Pawlett was perfunctory. The court did not consider the first step in the analysis at all. It did not refer to G.A. v. McGregor , 2003 ABQB 960, or other cases which might have provided some assistance on that issue. More significantly, the court did not refer to Jacobi or other decision......
  • Dhaliwal v. DS Homes Inc., 2009 ABPC 33
    • Canada
    • Provincial Court of Alberta (Canada)
    • February 4, 2009
    ...of an application for a non-suit was set out in Belzil v. Bain (2001), 300 A.R. 72, 2001 ABQB 890 and echoed in G.A. v. McGregor (2003), 347 A.R. 376, 2003 ABQB 960. In Belzil , Kenny J. Stated at paras. 33 to 35: 'A non-suit should only be granted in the clearest cases. There must be "no e......
  • Request a trial to view additional results

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