Tragic story reaches legal end at SCC.

• Author: Mitchell, Teresa
• Position: Bench Press - Resurfice Corp. vs. Edmontonian Ralph Hanke - Supreme Court of Canada - Brief article

The tragic case of Edmontonian Ralph Hanke reached its conclusion with a recent Supreme Court of Canada verdict. Mr. Hanke was terribly burned while operating an ice-resurfacing machine. He had inadvertently filled the gas tank with hot water, causing fumes to leak which were ignited by an overhead heater. The trial judge dismissed his claim against the manufacturer and distributor of the machine, ruling that Mr. Hanke's mistake led to his injuries. The Alberta Court of Appeal decided that the trial judge made some errors in his decision and ordered a new trial for Mr. Hanke. However, the Supreme Court of Canada upheld the reasoning of the trial judge. It ruled unanimously that there was evidence supporting the trial judge's finding that Mr. Hanke was not confused about the two tanks by his own admission. The trial judge did not need to consider contributory negligence because he concluded that not only was Mr. Hanke's carelessness responsible for his own injuries, but the alleged design defects were not responsible for his injuries.

The Court considered the definitions of "material contribution"...