Reid v. Stein et al., (1994) 160 A.R. 208 (QB)

• Judge: Lee, J.
• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: November 17, 1994
• Citations: (1994), 160 A.R. 208 (QB)

Reid v. Stein (1994), 160 A.R. 208 (QB)

MLB headnote and full text

Joan Elizabeth Reid (first plaintiff) and Clifford Reid (second plaintiff) v. Nancy Stein (first defendant) and The Leduc Special Transportation Association (second defendant) and City of Leduc (third defendant)

(Action No. 8903 15990)

Indexed As: Reid v. Stein et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Lee, J.

November 17, 1994.

Summary:

The elderly disabled plaintiff was injured when she fell while attempting to walk to and board a special bus. She and her hus­band sued the driver, the association that operated the bus service and the City.

The Alberta Court of Queen's Bench held that the driver was negligent. The court held that the association was vicariously liable. The court held that the plaintiff was 50% contributorily negligent. The court dismissed the claim against the City.

Crown - Topic 1645

Torts by and against Crown - Actions against Crown - Defences, bars or exclu­sions - Policy decisions - The City of Leduc allowed a bus company to provide transportation services for senior citizens, the disabled and the handicapped - The City received a grant from the province which was given to the company - The elderly plaintiff was injured when she fell while attempting to walk to and board a bus - The plaintiff and her husband sued the driver, the bus company and the City - The Alberta Court of Queen's Bench held that the City's decision to allow the bus service and not to regulate the service were policy decisions which were exempt from liability - The court dismissed the claim against the city - See paragraphs 68 to 83.

Municipal Law - Topic 1818.1

Liability of municipalities - Negligence - Defences - Policy decisions - [See Crown - Topic 1645 ].

Torts - Topic 396

Negligence - Motor vehicle - Standard of care of driver - Of bus driver - A bus company that serviced disabled passengers had a policy of assisting passengers onto the bus from the door of their residence - The elderly disabled plaintiff left the door of her apartment building and approached the bus on her own - The plaintiff fell before she reached the bus - The driver had not met her - The Alberta Court of Queen's Bench held that the driver had a reasonable duty of care to escort the plain­tiff from her apartment to the bus as done on previous occasions (paragraphs 60 to 61) - The court held that the plaintiff was contributorily negligent for failing to remain at the door of the building (para­graphs 62 to 67).

Torts - Topic 6610

Defences - Contributory negligence - Motor vehicle accidents - [See Torts - Topic 396 ].

Torts - Topic 9155

Duty of care - Claims against public officials or authorities - Municipal author­ities - [See Crown - Topic 1645 ].

Cases Noticed:

Law, Union & Rock Insurance Co. v. Moore's Taxi Ltd., [1960] S.C.R. 80; 22 D.L.R.(2d) 264, refd to. [para. 49].

Strickland v. St. John's (City) et al. (1982), 37 Nfld. & P.E.I.R. 208; 104 A.P.R. 208 (Nfld. Dist. Ct.), refd to. [para. 52].

Saper v. Calgary (City), Monkman and "Mary Doe" (1979), 21 A.R. 577 (Q.B.), refd to. [para. 53].

Ouellet v. Cloutier, [1947] S.C.R. 521, refd to. [para. 54].

Montreal (City) v. Montreal Locomotive Works Ltd., [1946] 3 W.W.R. 748 (P.C.), refd to. [para. 55].

Zacharuk v. Kitlarchuk and Sawiak (1979), 18 A.R. 423 (Q.B.), refd to. [para. 55].

Mattinson et al. v. Wonnacott et al. (1975), 59 D.L.R.(3d) 18 (Ont. H.C.), refd to. [para. 55].

Anns v. Merton London Borough Coun­cil, [1978] A.C. 728; [1977] 2 W.L.R. 1024; [1977] 2 All E.R. 492 (H.L.), refd to. [para. 74].

Barratt v. North Vancouver, [1980] 2 S.C.R. 418; 33 N.R. 293; 27 B.C.L.R. 182; 8 M.V.R. 294; 14 C.C.L.T. 169; 13 M.P.L.R. 116, refd to. [para. 74].

Nielsen v. Kamloops (City) and Hughes, [1984] 2 S.C.R. 2; 54 N.R. 1; [1984] 5 W.W.R. 1; 29 C.C.L.T. 97; 8 C.L.R. 1; 10 D.L.R.(4th) 641, refd to. [para. 74].

Laurentide Motels Ltd. et al. v. Beauport (Ville) et al., [1989] 1 S.C.R. 705; 94 N.R. 1; 23 Q.A.C. 1, refd to. [para. 74].

Just v. British Columbia, [1989] 2 S.C.R. 1228; [1990] 1 W.W.R. 385; 103 N.R. 1; 41 B.C.L.R.(2d) 350; 18 M.V.R.(2d) 1; 64 D.L.R.(4th) 689, refd to. [para. 74].

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, refd to. [para. 74].

Sykes v. Pearson et al. (1988), 93 A.R. 274 (Q.B.), refd to. [para. 77].

Statutes Noticed:

Contributory Negligence Act, R.S.A. 1980, c. C-23, sect. 1(1) [para. 67].

Municipal Government Act, R.S.A. 1980, c. M-26, sect. 212(2) [para. 71].

Counsel:

John G. Skinner, for the first and second plaintiffs;

Jerri L. Cairns, for the first and second defendants;

Sharon R. Stefanyk, for the third defen­dant.

This action was heard before Lee, J., of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following judgment on November 17, 1994.