Murphy v. St. John's (City), (2001) 200 Nfld. & P.E.I.R. 181 (NFCA)

• Judge: Wells, C.J.N., Cameron and Roberts, JJ.A.
• Court: Court of Appeal (Newfoundland)
• Case Date: October 17, 2000
• Jurisdiction: Newfoundland and Labrador
• Citations: (2001), 200 Nfld. & P.E.I.R. 181 (NFCA)

Murphy v. St. John's (2001), 200 Nfld. & P.E.I.R. 181 (NFCA);

    603 A.P.R. 181

MLB headnote and full text

Temp. Cite: [2001] Nfld. & P.E.I.R. TBEd. MY.007

Christine Margaret Murphy (appellant) v. The City of St. John's (respondent)

(99/10; 2001 NFCA 23)

Indexed As: Murphy v. St. John's (City)

Newfoundland Supreme Court

Court of Appeal

Wells, C.J.N., Cameron and Roberts, JJ.A.

May 1, 2001.

Summary:

Murphy fell on a patch of ice on a munici­pal park pathway and suffered injuries. She sued the city for negligence.

The Newfoundland Supreme Court, Trial Division, in a decision reported at 172 Nfld. & P.E.I.R. 118; 528 A.P.R. 118, dismissed the action on the basis that ice on a pathway in winter was not an unusual danger. The court went on to find that the city was aware of the danger and took an unreasonable amount of time to attend to it. The court also found that Murphy was contributorily negli­gent. Murphy appealed.

The Newfoundland Court of Appeal allowed the appeal, holding that the city was liable for Murphy's injuries and that Murphy was contributorily negligent and equally liable.

Municipal Law - Topic 1804

Liability of municipalities - Negligence - Standard of care - Maintenance of side­walks and pathways - [See Municipal Law - Topic 1808 ].

Municipal Law - Topic 1808

Liability of municipalities - Negligence - Standard of care - Maintenance of public lands and buildings - Murphy fell on a patch of ice on a municipal park pathway and suffered injuries - She sued the city for negligence - The trial judge dismissed the action, holding that the icy patch on the park pathway did not constitute an unusual danger - If the ice was an unusual danger, then the city did not take reason­able care to prevent damage, where a supply of sand was not available and the staff took too long to obtain a supply - The court found that Murphy was contributorily negligent by failing to keep a proper lookout for the conditions and thus expos­ing herself to the risk of a fall - The New­foundland Court of Appeal allowed Mur­phy's appeal - The city had a reasonable system of inspection and maintenance of pathways, but fell below the standard of care in implementing it.

Torts - Topic 3712.6

Occupiers' liability or negligence for dan­gerous premises - Invitees - Liability of particular occupiers (incl. duty and stan­dard of care) - Public parks, plazas, foot­paths, etc.) - [See Municipal Law - Topic 1808 ].

Torts - Topic 3714

Occupiers' liability or negligence for dan­gerous premises - Invitees - Standard of care of occupiers - Unusual danger (incl. what constitutes) - [See Municipal Law - Topic 1808 ].

Torts - Topic 3754.1

Occupiers' liability or negligence for dan­gerous premises - Licencees - Standard of care of occupier - Unusual danger - What constitutes - [See Municipal Law - Topic 1808 ].

Torts - Topic 6633

Defences - Contributory negligence - Par­ticular cases - Failure to keep a proper lookout - [See Municipal Law - Topic 1808 ].

Cases Noticed:

Just v. British Columbia, [1989] 2 S.C.R. 1228; 103 N.R. 1; [1990] 1 W.W.R. 385; 41 B.C.L.R.(2d) 350; 18 M.V.R.(2d) 1; 64 D.L.R.(4th) 689, refd to. [para. 6].

Thompson v. Newfoundland (1994), 119 Nfld. & P.E.I.R. 217; 370 A.P.R. 217 (Nfld. C.A.), refd to. [para. 7].

Bartlett v. Weiche Apartments Ltd. (1974), 7 O.R.(2d) 263 (C.A.), refd to. [para. 8].

Gallant v. Roman Catholic Episcopal Corp. (2001), 200 Nfld. & P.E.I.R. 105; 603 A.P.R. 104 (Nfld. C.A.), refd to. [para. 11].

Stacey v. Anglican Churches of Canada (1999), 182 Nfld. & P.E.I.R. 1; 554 A.P.R. 1 (Nfld. C.A.), appld. [para. 11].

Belanger v. Michipicoten (Township) (1996), 31 M.P.L.R.(2d) 198 (Ont. Gen. Div.), refd to. [para. 13].

Brown v. British Columbia (Minister of Transportation and Highways), [1994] 1 S.C.R. 420; 164 N.R. 161; 42 B.C.A.C. 1; 67 W.A.C. 1; 112 D.L.R.(4th) 1; 19 C.C.L.T.(2d) 268; [1994] 4 W.W.R. 194, refd to. [para. 16].

Swinamer v. Nova Scotia (Attorney Gen­eral) et al., [1994] 1 S.C.R. 445; 163 N.R. 291; 129 N.S.R.(2d) 321; 362 A.P.R. 321, refd to. [para. 16].

Kennedy v. Board of Education of Water­loo County (1999), 122 O.A.C. 122; 175 D.L.R.(4th) 106 (C.A.), refd to. [para. 18].

Young v. Newfoundland (Attorney Gen­eral) (1993), 112 Nfld. & P.E.I.R. 245; 350 A.P.R. 245 (Nfld. C.A.), refd to. [para. 20].

Bogoroch v. Toronto (City) et al., [1991] O.J. No. 1932 (Gen. Div.), refd to. [para. 26].

DeMyer v. National Trust Co. (1995), 104 Man.R.(2d) 170 (Q.B.), refd to. [para. 26].

Mullin v. Northumberland Co-operative Ltd. (1999), 210 N.B.R.(2d) 304; 536 A.P.R. 304 (T.D.), refd to. [para. 27].

Counsel:

David W. Bussey, for the appellant;

Stephen Fitzgerald, for the respondent.

This appeal was heard on October 17, 2000, before Wells, C.J.N., Cameron and Roberts, JJ.A., of the Newfoundland Court of Appeal. On May 1, 2001, Cameron, J.A., delivered the following judgment for the court.