Reese v. Coleman, (1979) 3 Sask.R. 38 (CA)

Judge:Brownridge, Hall and Bayda, JJ.A.
Court:Court of Appeal for Saskatchewan
Case Date:March 23, 1979
Jurisdiction:Saskatchewan
Citations:(1979), 3 Sask.R. 38 (CA)
 
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Reese v. Coleman (1979), 3 Sask.R. 38 (CA)

MLB headnote and full text

Reese v. Coleman, Cowles et al.

Indexed As: Reese v. Coleman and Cowles et al.

Saskatchewan Court of Appeal

Brownridge, Hall and Bayda, JJ.A.

March 23, 1979.

Summary:

This headnote contains no summary.

Torts - Topic 307

Negligence - Motor vehicle, liability of owner for negligence of driver of owner's vehicle - Meaning of "owner" for purposes of s. 168(1) of the Vehicles Act - A snowmobile dealer received machines from a manufacturer without charge for purposes of entering the machines in races and thereby advertising the manufacturer's products - The dealer lent such a machine to a driver who negligently drove the machine and struck the plaintiff - The plaintiff sued the driver and also sued the dealer as the owner - The Saskatchewan Court of Appeal held that the dealer was an owner for purposes of s. 168(1) of the Vehicles Act.

Torts - Topic 302

Negligence - Motor vehicle, liability of owner for negligence of driver of owner's vehicle - Scope or application of s. 168(1) of the Vehicles Act - The Saskatchewan Court of Appeal held that s. 168(1) applied to an off-highway accident occurring on a private race track - See paragraph 17.

Practice - Topic 8800

Appeals - General principles - Duty of an appellate court regarding findings of fact by a trial judge - The Saskatchewan Court of Appeal stated that the findings of a trial judge should not be reversed on appeal unless the inferences drawn by the trial judge were clearly wrong or that the trial judge acted on some wrong principle - See paragraph 15.

Cases Noticed:

Meason v. Michael (1959), 27 W.W.R. 605, refd to. [para. 10].

Hayduk et al. v. Pidoborozny et al., [1972] 4 W.W.R. 522, refd to. [para. 10].

Marsh v. Kulchar, [1952] 1 S.C.R. 330, refd to. [para. 15].

Palsky et al. v. Humphrey et al., [1964] S.C.R. 580, refd to. [para. 15].

Hudon v. Haakenson, [1971] 1 W.W.R. 67, refd to. [para. 17].

Honan et al. v. Gerhald et al. (1975), 3 N.R. 81; 50 D.L.R.(3d) 582, refd to. [para. 13].

Statutes Noticed:

Vehicles Act, R.S.S. 1965, c. 377, sect. 2(2), sect. 168(1) [para. 9].

Authors and Works Noticed:

Bouvier's Law Dictionary, vol. 2, p. 565 [para. 11].

Counsel:

L.J. Zatlyn, for appellant, Cowles;

R.G. Kennedy, for respondent, Reese;

L.J. Billesberger, for the other respondents.

This appeal was heard by BROWNRIDGE, HALL and BAYDA, JJ.A., of the Saskatchewan Court of Appeal. The judgment of the Court of Appeal was delivered by BROWNRIDGE, J.A., at Regina, Saskatchewan, on March 23, 1979.

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