Lelarge, Cameron and Cameron v. Blakney, Blakney and Gajowiak, (1978) 23 N.B.R.(2d) 669 (CA)

• Judge: Hughes, C.J.N.B., Bugold and Ryan, JJ.A.
• Court: Court of Appeal (New Brunswick)
• Case Date: October 27, 1978
• Jurisdiction: New Brunswick
• Citations: (1978), 23 N.B.R.(2d) 669 (CA)

Lelarge v. Blakney (1978), 23 N.B.R.(2d) 669 (CA);

    23 R.N.-B.(2e) 669; 44 A.P.R. 669

MLB headnote and full text

Sommaire et texte intégral

Lelarge, Cameron and Cameron v. Blakney, Blakney and Gajowiak

Indexed As: Lelarge, Cameron and Cameron v. Blakney, Blakney and Gajowiak

Répertorié: Lelarge, Cameron and Cameron v. Blakney, Blakney and Gajowiak

New Brunswick Court of Appeal

Hughes, C.J.N.B., Bugold and Ryan, JJ.A.

October 27, 1978.

Summary:

Résumé:

This case arose out of the plaintiff's claim in negligence for damages arising out of a motor vehicle collision. The plaintiff girl was a passenger in a motor vehicle driven by a 16 year old boy, who drove on the wrong side of the highway on a long straight stretch and struck an oncoming vehicle. The plaintiff girl was injured. The driver of the other vehicle was insured and his wife was killed. The plaintiff brought an action in negligence for damages against both drivers and the father of the 16 year old boy, who was the registered owner of the boy's vehicle. The driver of the other vehicle brought action against the boy and his father.

The New Brunswick Court of Queen's Bench, in a judgment reported 21 N.B.R.(2d) 100; 37 A.P.R. 100, held that the 16 year old boy was wholly at fault and grossly negligent in driving on the wrong side of the highway. The New Brunswick Court of Queen's Bench held the father vicariously liable for his son's negligence under s. 267 of the Motor Vehicle Act, R.S.N.B. 1973, c. M-17, because the father was the registered owner of the boy's motor vehicle. The New Brunswick Court of Queen's Bench also held that the father was negligent in permitting his son to drive a motor vehicle, knowing that he was incompetent. The father appealed.

The New Brunswick Court of Appeal allowed the appeal and set aside the judgment against the father. The Court of Appeal held that the father was not vicariously liable for his son's negligence, because he was not the owner of the motor vehicle, notwithstanding that he was the registered owner. See paragraphs 1 to 11. The Court of Appeal held that the father was not negligent in allowing his son to drive, because the son's driving record was not sufficient foundation for a finding of negligence in permitting him to drive. See paragraphs 12 to 18.

Torts - Topic 307

Negligence - Motor vehicle - Statutory liability of owner for negligence of driver of owner's vehicle - What constitutes an owner - Motor Vehicle Act, R.S.N.B. 1973, c. M-17, s. 267(1) - A father was the registered owner of a vehicle purchased and driven by his son, who lived and worked on the family farm - The New Brunswick Court of Appeal held that the father was not the owner of the motor vehicle merely because he was the registered owner and was not vicariously liable for the negligence of his son - See paragraphs 1 to 11.

Torts - Topic 8910

Duty of care - Control of conduct by others - Permitting use of a vehicle by an incompetent person - The registered owner of a motor vehicle permitted his 16 year old son to drive the vehicle, notwithstanding that the son had an accident and motor vehicle offence convictions resulting in the suspension of his driver's licence, which the father helped to reinstate - The New Brunswick Court of Appeal held that the father was not liable in negligence for permitting his son to drive - The Court of Appeal held that the son's driving record was an insufficient foundation for a finding of negligence on the part of the father - See paragraphs 12 to 18.

Cases Noticed:

Hayduk v. Pidoborozny (1973), 29 D.L.R.(3d) 8 (S.C.C.), dist. [para. 11].

Streifel v. Strotz et al. (1958), 11 D.L.R.(2d) 667, appld. [para. 13].

Carmarthenshire County Council v. Lewis, [1955] A.C. 549 (H.L.), ref'd to. [para. 13].

Maher's Transfer Express Ltd. v. Ferretti et al. (1970), 3 N.S.R.(2d) 270; 17 D.L.R.(3d) 436, ref'd to. [para. 17].

School Division of Assiniboine South No. 3 v. Hoffer et al. (1971), 21 D.L.R.(3d) 608, dist. [para. 17].

Statutes Noticed:

Motor Vehicle Act, R.S.N.B. 1973, c. M-17, sect. 1 [para. 8]; sect. 86, sect. 87 [para. 15]; sect. 267 [para. 8]; sect. 270 [para. 9]; sect. 362 [para. 10].

Counsel:

Greg Murphy, for the appellant Blakney;

Neil McKelvey, Q.C., for the respondent Gajowiak.

This case was heard at Fredericton, N.B., before HUGHES, C.J.N.B., BUGOLD and RYAN, JJ.A., of the New Brunswick Supreme Court, Appeal Division.

On October 27, 1978, HUGHES, C.J.N.B., delivered the following judgment for the Appeal Division: