Langille v. Walton, (1983) 55 N.S.R.(2d) 713 (TD)

• Judge: Glube, J.
• Court: Supreme Court of Nova Scotia (Canada)
• Case Date: March 21, 1983
• Jurisdiction: Nova Scotia
• Citations: (1983), 55 N.S.R.(2d) 713 (TD)

Langille v. Walton (1983), 55 N.S.R.(2d) 713 (TD);

    114 A.P.R. 713

MLB headnote and full text

Langille v. Walton

(1982 File S.T. No. 01671)

Indexed As: Langille v. Walton

Nova Scotia Supreme Court

Trial Division

Glube, J.

March 21, 1983.

Summary:

The plaintiff licensee brought an action against the defendant occupier for damages for personal injuries caused when the plaintiff fell through a trap door in the defendant's barn. The Nova Scotia Supreme Court, Trial Division, dismissed the action but provisionally assessed damages.

Damage Awards - Topic 125

Injury and death - Leg injuries - Ankle - 55 year old fisherman - Comminuted fracture of heel bone - Residual swelling and change of shape - Requirement of boots for support - The Nova Scotia Supreme Court, Trial Division, provisionally assessed $20,000.00 general damages for pain and suffering and loss of income - See paragraphs 20 to 36.

Torts - Topic 3701

Occupier's liability for dangerous premises - Invitees - Invitee defined - The Nova Scotia Supreme Court, Trial Division, defined invitee - The court held that a plaintiff who was invited to a defendant's home as a friend was a licensee and did not become an invitee when asked by the defendant to retrieve a hammer from the defendant's barn - See paragraphs 9 to 16.

Torts - Topic 3716

Occupier's liability for dangerous premises - Invitees - Standard of care of occupiers - Warning or knowledge of danger - The Nova Scotia Supreme Court, Trial Division, discussed the duty of an occupier to an invitee - See paragraphs 9 to 15.

Torts - Topic 3750

Occupier's liability for dangerous premises - Licensees - Licensee defined - The Nova Scotia Supreme Court, Trial Division, defined licensee - The court held that a plaintiff who was invited to a defendant's home as a friend was a licensee and did not become an invitee when asked by the defendant to retrieve a hammer from the defendant's barn - See paragraphs 10 to 16.

Torts - Topic 3754

Occupier's liability for dangerous premises - Licensees - Standard of care of occupier - General - The Nova Scotia Supreme Court, Trial Division, discussed the duty of an occupier to a licensee - See paragraphs 15 and 16.

Torts - Topic 3782

Occupier's liability for dangerous premises - Licensees - Duty of licensor - For concealed danger - The defendant invited the plaintiff to stay at her home - While there, the defendant asked the plaintiff to retrieve a hammer from the barn loft - The plaintiff fell through a trap door in the loft - The defendant did not know about the trap door - The Nova Scotia Supreme Court, Trial Division, held that the defendant occupier was under a duty only to warn the plaintiff licensee of dangers she knew about, so was not liable for the plaintiff's injuries - See paragraphs 10 to 17.

Cases Noticed:

Joseph v. Abraham (1979), 33 N.S.R.(2d) 228; 57 A.P.R. 228, consd. [para. 9].

Jennings v. Cole, [1949] 2 All E.R. 191, dist. [para. 14].

Pringle v. Prince, [1971] 3 W.W.R. 321 (B.C.C.A.), dist. [para. 14].

Authors and Works Noticed:

Di Castri, Occupier's Liability (1980) [para. 12].

Fleming, The Law of Torts (5th Ed. 1977), p. 422 [para. 10].

Counsel:

R. Malcolm MacLeod (and Wendy J. Johnston, A/C), for the plaintiff;

Ross B. Archibald, for the defendant.

This case was heard at Truro, Nova Scotia, on March 10, 1983, by GLUBE, J., of the Nova Scotia Supreme Court, Trial Division.

On March 21, 1983, GLUBE, J., delivered the following decision.