Ozmun Holdings Ltd. v. Young, (2000) 188 Sask.R. 284 (ProvCt)

• Judge: Halderman, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 12, 2000
• Jurisdiction: Saskatchewan
• Citations: (2000), 188 Sask.R. 284 (ProvCt)

Ozmun Holdings Ltd. v. Young (2000), 188 Sask.R. 284 (ProvCt)

MLB headnote and full text

Temp. Cite: [2000] Sask.R. TBEd. JA.044

Ozmun Holdings Ltd. (plaintiff) v. Floyd Young

(defendant)

Indexed As: Ozmun Holdings Ltd. v. Young

Saskatchewan Provincial Court

Halderman, P.C.J.

January 12, 2000.

Summary:

The plaintiff employer operated a trucking business. The defendant employee was hired by the plaintiff in 1997. The plaintiff alleged that the defendant breached his employment contract by negligently performing his du­ties, and was liable for damages.

The Saskatchewan Provincial Court dis­missed the action.

Master and Servant - Topic 4526

Liabilities of servant - To master - Breach of employment contract - The plaintiff employer operated a trucking business - The defendant employee was hired by the plaintiff in 1997 - The plaintiff alleged that the defendant breached his employment contract by negligently performing his duties, and was liable for damages - The Saskatchewan Provincial Court dismissed the action - There was no express or im­plied term in the employment contract obligating the defendant to reimburse the employer for accidental loss (i.e., traffic tickets or damage to company property) that occurred while he was driving the truck, provided that such loss was acci­dental and not reckless, wilful or fraudu­lent.

Cases Noticed:

Canada Packers Inc. v. Kennedy (1984), 27 Sask.R. 201 (Q.B.), refd to. [para. 10].

Northumberland Co-operative Ltd. v. Whyte (1995), 166 N.B.R.(2d) 191; 425 A.P.R. 191 (Q.B.), refd to. [para. 12].

Overmyer Co. v. Wallace Transfer Ltd. et al. (1975), 65 D.L.R.(3d) 717 (B.C.C.A.), refd to. [para. 13].

Counsel:

Darrel Ozmun, agent for the plaintiff;

Irwin Carson, for the defendant.

This case was heard at Nipawin, Sas-katchewan, before Halderman, P.C.J., of the Saskatchewan Provincial Court, who deliv­ered the following judgment on January 12, 2000.