Langdo v. Roman Catholic Bishop of Edmundston, (1984) 62 N.B.R.(2d) 61 (TD)

• Judge: Daigle, J.
• Court: Court of Queen's Bench of New Brunswick (Canada)
• Case Date: March 11, 1985
• Jurisdiction: New Brunswick
• Citations: (1984), 62 N.B.R.(2d) 61 (TD)

Langdo v. R.C. Bishop (1984), 62 N.B.R.(2d) 61 (TD);

    62 R.N.-B.(2e) 61; 161 A.P.R. 61

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[French language version follows English language version]

[La version française vient à la suite de la version anglaise]

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Langdo v. Roman Catholic Bishop of Edmundston

E/C/546/83

Indexed As: Langdo v. Roman Catholic Bishop of Edmundston

Répertorié: Langdo v. Roman Catholic Bishop of Edmundston

New Brunswick Court of Queen's Bench

Trial Division

Judicial District of Edmundston

Daigle, J.

March 11, 1984.

Summary:

Résumé:

The plaintiff brought an action in negligence for damages for personal injuries suffered when she slipped and fell on a stairway on the defendant's premises. The defendant leased its premises for the day to the municipality for use as an election poll. Although the defendant attempted to keep the stairway free of water and slush, the plaintiff voter slipped on the slippery stairs and fell.

The New Brunswick Court of Queen's Bench, Trial Division, allowed the plaintiff's action and held the defendant wholly at fault.

Torts - Topic 3701

Occupier's liability for dangerous premises - Invitees - Invitee - Defined - A church leased its basement to a municipality for use as an election poll - A voter was injured when she slipped and fell on the stairway to the basement - The New Brunswick Court of Queen's Bench, Trial Division, held that the voter was an invitee of the church - See paragraph 7.

Torts - Topic 3712.2

Occupier's liability for dangerous premises - Invitees - Liability of particular occupiers - Lessor to public function - The church leased its basement to a municipality for use as an election poll - The church attempted to keep the stairway to the basement free of water and slush on voting day, but a voter slipped and fell on the slippery stairway and was injured - The New Brunswick Court of Queen's Bench, Trial Division, held that the church was liable, because it breached its duty to keep the stairway safe - The court held that the church had a duty to clean the stairway as often as was necessary - See paragraphs 10 to 13.

Torts - Topic 3714

Occupier's liability for dangerous premises - Invitees - Standard of care of occupier - Unusual danger - What constitutes - The New Brunswick Court of Queen's Bench, Trial Division, held that a slushy and slippery stairway to a basement election poll on election day was an unusual danger - See paragraphs 10 to 11.

Cases Noticed:

Indermaur v. Dames (1866), L.R. 1 C.P. 274, appld. [para. 10].

London Graving Dock Co. Ltd. v. Horton, [1951] A.C. 737, appld. [para. 10].

Lingley v. Dominion Limited Stores, (1978), 23 N.B.R.(2d) 546; 44 A.P.R. 546, appld. [para. 10].

MacNeil v. Sobeys Stores Ltd. (1961), 29 D.L.R.(2d) 761, appld. [para. 10].

Somers v. Simpson-Sears Ltd. (1978), 21 N.B.R.(2d) 243; 37 A.P.R. 243, dist. [para. 15].

Authors and Works Noticed:

Linden, Allen, Canadian Tort Law, p. 647 [para. 8].

Counsel:

Lucie A. LaVigne, for the plaintiff;

Richard Costello, for the defendant.

This case was heard at Edmundston, New Brunswick, before Daigle, J., of the New Brunswick Court of Queen's Bench, Trial Division, Judicial District of Edmundston, who delivered the following judgment on March 11, 1985: