McKay v. Barnetson et al., (1993) 22 B.C.A.C. 161 (CA)

• Judge: Gibbs, Hinds and Hollinrake, JJ.A.
• Court: Court of Appeal (British Columbia)
• Case Date: January 14, 1993
• Jurisdiction: British Columbia
• Citations: (1993), 22 B.C.A.C. 161 (CA)

McKay v. Barnetson (1993), 22 B.C.A.C. 161 (CA);

    38 W.A.C. 161

MLB headnote and full text

Clifford James McKay (plainitiff/respondent/appellant by cross-appeal) v. Hugh Barnetson and Joy Barnetson (defendants/appellants/respondent by cross-appeal)

(CA013997)

Indexed As: McKay v. Barnetson et al.

British Columbia Court of Appeal

Gibbs, Hinds and Hollinrake, JJ.A.

January 14, 1993.

Summary:

The plaintiff carpenter sued the defendant mobile home owners for damages for per­sonal injuries suffered in a fall from their roof. The trial judge allowed the action. The defendants appealed.

The British Columbia Court of Appeal dismissed the appeal.

Torts - Topic 3579

Occupiers' liability for dangerous premises - Negligence of occupier - Roof - Gen­eral - A carpenter repairing the roof of a mobile home stepped back on an unsup­ported roof overhang which gave way, causing him to fall and injure himself - The British Columbia Court of Appeal affirmed that the mobile home owner was negligent in failing to warn the carpenter of the overhang and liable for the carpen­ter's injuries - The court also affirmed that the carpenter was not contributorily negli­gent - See paragraphs 1 to 10.

Torts - Topic 6611

Defences - Contributory negligence - Particular cases - Knowledge of premises or dangerous premises - [See Torts - Topic 3579 ].

Counsel:

D. Mitchell, Q.C., for the appellant;

W. Plenert, for the respondent.

This appeal was heard in Vancouver, British Columbia, before Gibbs, Hinds and Hollinrake, JJ.A., of the British Columbia Court of Appeal. The decision of the court was delivered orally on January 14, 1993, including the following opinions:

Hollinrake, J.A. - see paragraphs 1 to 10, 13;

Gibbs, J.A. - see paragraph 11;

Hinds, J.A. - see paragraph 12.