Long v. Brown et al., (1995) 136 Sask.R. 40 (QB)

• Judge: Hrabinsky, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: September 22, 1995
• Jurisdiction: Saskatchewan
• Citations: (1995), 136 Sask.R. 40 (QB)

Long v. Brown (1995), 136 Sask.R. 40 (QB)

MLB headnote and full text

James Arthur Long and Bonnie Ann Long (applicants/defendants) v. Gordon Brown (respondent/plaintiff) and Saskatchewan Government Insurance (respondent/defendant)

(1991 Q.B. No. 1873)

Indexed As: Long v. Brown et al.

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Hrabinsky, J.

September 22, 1995.

Summary:

Brown was injured when his vehicle was struck by a vehicle driven by Long. At his insurer's request, Brown executed a release, releasing Long from all claims. Brown and his insurer believed that the release was only releasing claims for property damages. Brown sued for damages for personal injury. Long's insurer and Brown's insurer settled with Brown, but applied under Queen's Bench Rule 188 to determine if Brown's personal injury action was released.

The Saskatchewan Court of Queen's Bench held that the action was released.

Contracts - Topic 1602

Formation of contract - Mistake, misun­derstanding or misrepresentation - Non est factum - Bar - Carelessness or negligence - At his insurer's request, Brown executed a release, releasing Long from all claims in a motor vehicle accident - Although Brown knew he was signing a release, he and the insurer believed that it was only a release for any property damage claim - Brown did not read the release - Brown claimed that the release was not valid because of non est factum and mistake - The Saskatchewan Court of Queen's Bench held that Brown was bound by the release - The court stated that he failed to exer­cise reasonable care in signing the release - See paragraphs 9 to 24.

Releases - Topic 4026

Operation - Scope of matters released - Damages - [See Contracts - Topic 1602 ].

Releases - Topic 4066

Operation - Persons released - Joint or joint and several obligors - Effect of release of one - Brown was injured when his vehicle was struck by a vehicle driven by Long and owned by Long's wife - Brown executed a release releasing Long from all claims - The wife was not named in the release - Under s. 86(1) of the Highway Traffic Act the owner of a vehi­cle was vicariously liable for any loss occasioned by the driver - The Saskatche­wan Court of Queen's Bench stated that "the liability of a vicariously liable tort­feasor was joint along with the doer" and "the release of one joint tort­feasor releases all other joint tortfeasors" - The court held that the wife was released by virtue of the general release executed by Brown - See para­graphs 25 to 26.

Torts - Topic 2500

Vicarious liability - General principles - [See Releases - Topic 4066 ].

Torts - Topic 6903

Defences - Release - Effect or validity of - [See Contracts - Topic 1602 ].

Torts - Topic 7165

Joint and concurrent tortfeasors - Joint tortfeasors - Release of one - Effect of - [See Releases - Topic 4066 ].

Cases Noticed:

Hurman v. Canadian National Railway Co. (1957), 23 W.W.R.(N.S.) 119 (Sask. C.A.), dist. [para. 12].

Araki v. Wlodyka, [1983] 5 W.W.R. 360 (B.C.S.C.), dist. [para. 14].

Towers v. Affleck, [1974] 1 W.W.R. 714 (B.C.S.C.), dist. [para. 16].

Marvco Color Research Ltd. v. Harris and Harris, [1982] 2 S.C.R. 774; 45 N.R. 302, refd to. [para. 18].

R. v. Burt (1987), 60 Sask.R. 100 (C.A.), refd to. [para. 25].

Dodsworth v. Holt (1964), 44 D.L.R.(2d) 480 (Alta. T.D.), refd to. [para. 26].

Statutes Noticed:

Highway Traffic Act, S.S. 1986, c. H-3.1, sect. 86(1) [para. 25].

Authors and Works Noticed:

Fleming, John G., The Law of Torts (7th Ed. 1987), p. 229 [para. 26].

Counsel:

G.A. Zabos, for the applicants;

N.B. Fisher, for the respondents.

This application was heard by Hrabinsky, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following judgment on Sep­tember 22, 1995.