Welock v. Cone, (1970) 2 N.B.R.(2d) 555 (SCC)

• Judge: Cartwright, C.J.C., Judson, Ritchie, Hall and Spence, JJ.
• Court: Supreme Court (Canada)
• Case Date: May 08, 1968
• Jurisdiction: Canada (Federal)
• Citations: (1970), 2 N.B.R.(2d) 555 (SCC);[1968] SCR 742;1968 CanLII 106 (SCC)

Welock v. Cone (1970), 2 N.B.R.(2d) 555 (SCC);

    2 R.N.-B.(2e) 555

MLB headnote and full text

Sommaire et texte intégral

Welock v. Cone

Indexed As: Welock v. Cone

Répertorié: Welock v. Cone

Supreme Court of Canada

Cartwright, C.J.C., Judson, Ritchie, Hall and Spence, JJ.

March 17, 1970.

Summary:

Résumé:

The Supreme Court of Canada reversed the New Brunswick Court of Appeal and restored the judgment of the trial judge who dismissed the claim of the owner of the sporting lodge against a guest for fire damage resulting from a fire started by a guest. The guest in lighting a fire in a fire place inadvertently used gasoline instead of stove oil to start the fire. It was the practice of the owner and the patrons to start the fires with stove oil.

The Supreme Court of Canada found that the guest had a duty to take care when using stove oil and stated that the guest was sufficiently careful had the liquid been stove oil. The court affirmed the trial judge's finding that the guest did not know that he was using gasoline which he took from a car marked "galvanized oil can" which was left for the guest outside the lodge.

The Supreme Court of Canada held that the plaintiff owner failed to establish negligence by a preponderance of the evidence.

Torts - Topic 4583

Dangerous activities - Fire - Starting a fire - Negligence - Standard of care of guest starting a fire at sporting lodge - Practice was to provide guests with stove oil to start fires - Whether guest after feeling consistency of fluid in a can should have perceived that fluid was gas rather than stove oil - The Supreme Court of Canada dismissed claim for negligence.

Counsel:

Mark Yeoman, for the appellant/defendant;

G.F. Nicholson, Q.C., and D.M. Gillis, Q.C., for the plaintiffs/respondents.

APPEAL from a judgment of the New Brunswick Court of Appeal dated May 8, 1968, unreported, which reversed the judgment of Barry, J., dated July 28, 1967, unreported, but set out below.

The judgment of the trial court was as follows: