Hussain v. Edmonton (City) et al., (2004) 353 A.R. 388 (QB)

• Judge: Veit, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: March 12, 2004
• Citations: (2004), 353 A.R. 388 (QB);2004 ABQB 204

Hussain v. Edmonton (2004), 353 A.R. 388 (QB)

MLB headnote and full text

Temp. Cite: [2004] A.R. TBEd. AP.082

Adeel Hussain (plaintiff) v. The City of Edmonton, Scott Strength Systems Ltd. and John Doe (defendants) and Scott Strength Systems Ltd. (third party)

(9903 17973; 2004 ABQB 204)

Indexed As: Hussain v. Edmonton (City) et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Veit, J.

March 12, 2004.

Summary:

The plaintiff was a paying customer at a weight room at a recreation centre owned and operated by the City of Edmonton when the cable on the nearly new lat pull down equipment he was using snapped, causing the pull down apparatus to hit him on the head. The plaintiff suffered a cut to his scalp, a chipped tooth, and a cut tongue. The plaintiff sued the City of Edmonton.

The Alberta Court of Queen's Bench held that the City was liable for the plaintiff's injuries. The court granted judgment to the plaintiff in the amount agreed by the parties.

Municipal Law - Topic 1801

Liability of municipalities - Negligence - What constitutes negligence - The plaintiff was a paying customer at a weight room at a recreation centre owned and operated by the City of Edmonton when the cable on the nearly new lat pull down equipment he was using snapped, causing the pull down apparatus to hit him on the head - The plaintiff was injured - The Alberta Court of Queen's Bench held that the City was liable for the plaintiff's injuries - The cable on the machine was loaded beyond its ultimate tensile strength and was not strong enough to pull up the weight stack -Some of the wires in the cable had also been weakened by damage - The City was negligent in buying weight equipment without assuring itself that the equipment was properly designed for the purpose intended - There were no policy considerations that justified relieving the City of responsibility - The City was also liable under an occupier's liability analysis - Since the City's negligence did not relate to inspection or maintenance of the equipment, but rather to its purchase, the statutory protection in s. 530(1) of the Municipal Government Act was not applicable.

Municipal Law - Topic 1818

Liability of municipalities - Negligence - Defences - Statutory authority, immunity or exemption - [See Municipal Law - Topic 1801 ].

Torts - Topic 3578

Occupiers' liability or negligence for dangerous premises - Negligence of occupier -Unsafe accessories or equipment - [See Municipal Law - Topic 1801 ].

Torts - Topic 3712

Occupiers' liability or negligence for dangerous premises - Invitees - Liability of particular occupiers (incl. duty and standard of care) - Recreational and sports arenas or facilities - [See Municipal Law -Topic 1801 ].

Torts - Topic 9155

Duty of care - Particular relationships - Claims against public officials, authorities or boards - Municipal authorities - [See Municipal Law - Topic 1801 ].

Cases Noticed:

Just v. British Columbia, [1989] 2 S.C.R. 1228; 103 N.R. 1, refd to. [para. 6].

Cisecki v. Nipawin (Town) et al. (2000), 192 Sask.R. 161 (Q.B.), refd to. [para. 6].

Ironside et al. v. Smith (1997), 202 A.R. 357 (Q.B.), refd to. [para. 6].

Tilley v. Man Roland Canada Inc. et al. (1999), 245 A.R. 40 (Q.B.), refd to. [para. 6].

Lorenz v. Ed-Mon Developments Ltd. (1991), 118 A.R. 201 (C.A.), refd to. [para. 7].

Nasser v. Rumford (1977), 7 A.R. 459 (C.A.), refd to. [para. 7].

Rai v. Koziar et al. (2000), 275 A.R. 145 (Q.B.), refd to. [para. 7].

Starko v. St. Albert (City), 1998 CarswellAlta 1315, refd to. [para. 7].

Shanks v. Calgary (City) (2003), 331 A.R. 160 (Q.B.), refd to. [para. 7].

Smith v. Almaird, [1996] N.J. No. 63 (Sup. Ct.), refd to. [para. 7].

Houle et al. v. Calgary (City) and Canada Safeway Ltd. (1985), 60 A.R. 366 (C.A.), refd to. [para. 7].

Joyce v. Canadian Pacific Hotels Corp. et al. (1994), 161 A.R. 53 (Q.B.), refd to. [para. 7].

Smith (M.) v. Allen et al. (1990), 108 A.R. 344 (Q.B.), refd to. [para. 7].

Smith v. Alwaird, [1996] Y.J. No. 63 (Sup. Ct.), refd to. [para. 7].

Statutes Noticed:

Municipal Government Act, R.S.A. 2000, c. M-26, sect. 530(1) [para. 15].

Counsel:

Moosa Jiwaji, for the plaintiff;

Lee Fenger (City of Edmonton Law Branch), for the defendant, City of Edmonton.

This action was heard on November 25 and 26, 2003, before Veit, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following memorandum of decision on March 12, 2004.