Singer v. Conmac Western Industries, (1981) 29 A.R. 190 (QB)

JudgeEgbert, J.
CourtCourt of Queen's Bench of Alberta (Canada)
Case DateMarch 16, 1981
Citations(1981), 29 A.R. 190 (QB)

Singer v. Conmac Western Ind. (1981), 29 A.R. 190 (QB)

MLB headnote and full text

Singer v. Conmac Western Industries

(No. 7901-05560)

Indexed As: Singer v. Conmac Western Industries

Alberta Court of Queen's Bench

Judicial District of Calgary

Egbert, J.

March 16, 1981.

Summary:

The plaintiff brought an action in negligence for damages respecting damage to his motor vehicle. The plaintiff was forced to leave the roadway to avoid ramming a closed tubular steel gate which had been open when he entered the premises. The Alberta Court of Queen's Bench allowed the action and awarded $9,300.00 damages.

Torts - Topic 3576

Occupier's liability for dangerous premises - Negligence of occupier - Dangerous fences - The Alberta Court of Queen's Bench held that by closing gates at the entrance of the defendant's property without prior warning, the defendant created a risk which was not usually accepted by the users of the entrance - The court held the defendant should have insured that a security guard was present at the entrance to permit entrance to and exit from the property - See paragraphs 8 and 9.

Counsel:

T.A.B. Jolliffe, for the plaintiff;

F.J. Wilkins, for the defendant.

This case was heard before EGBERT, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary.

The judgment of EGBERT, J., was delivered on March 16, 1981.

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