Wilde v. Cambie Malone Corp. et al., [2008] B.C.T.C. Uned. 380

JurisdictionBritish Columbia
JudgeMartinson, J.
CourtSupreme Court of British Columbia (Canada)
Subject MatterTORTS
Citation[2008] B.C.T.C. Uned. 380,2008 BCSC 704,[2008] B.C.T.C. Uned. 380 (SC)
Date07 May 2008
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9 practice notes
  • Gujral v. Meat and Bread Sandwich Company Ltd.,
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Junio 2022
    ...analysis, at paras. 28-29, as follows: [28] A useful summary of the law is set out in Wilde v. The Cambie Malone Corporation, 2008 BCSC 704. I accept Ms. McCullagh's summary of that, and I am just going to read her summary of some of the principles stated in the Wilde (a) ......
  • Educators' Negligence and Liability
    • Canada
    • Irwin Books Education Law in Canada. A Guide for Teachers and Administrators
    • 21 Junio 2017
    ...students. The court held that his system of inspection for the door was inadequate and that he had failed to act as a careful parent. 35 2008 BCSC 704 at paras 34–37. 36 2002 CanLII 36967 (Ont SCJ). 170 / Theresa Shanahan A trespasser on a property may assume risks of injury entering a prop......
  • The Reasonable Person.
    • Canada
    • LawNow Vol. 41 No. 6, July - July 2017
    • 1 Julio 2017
    ...Injury Courts consider the cost of preventing a liability in determining negligence. In Wilde v. The Cambie Malone Corporation, 2008 BCSC 704, a woman was hit on the head by a restaurant's patio umbrella that was blown toward her by the wind. The court found the restaurant negligent because......
  • Jack v. Tekavec, [2010] B.C.T.C. Uned. 1773
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 10 Diciembre 2010
    ...to prevent the injury." [42] In Gill v. A&P Fruit Growers Ltd. , 2009 BCSC 412, Brown, J., citing Wilde v. Cambie Malone Corp , 2008 BCSC 704, set out the guiding principles for the establishment of liability even on the "ordinary standard of care": "[116] The defendant submits that eve......
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7 cases
  • Gujral v. Meat and Bread Sandwich Company Ltd., 2022 BCSC 917
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 2 Junio 2022
    ...analysis, at paras. 28-29, as follows: [28] A useful summary of the law is set out in Wilde v. The Cambie Malone Corporation, 2008 BCSC 704. I accept Ms. McCullagh's summary of that, and I am just going to read her summary of some of the principles stated in the Wilde (a) ......
  • Jack v. Tekavec, [2010] B.C.T.C. Uned. 1773
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 10 Diciembre 2010
    ...to prevent the injury." [42] In Gill v. A&P Fruit Growers Ltd. , 2009 BCSC 412, Brown, J., citing Wilde v. Cambie Malone Corp , 2008 BCSC 704, set out the guiding principles for the establishment of liability even on the "ordinary standard of care": "[116] The defendant submits that eve......
  • Petersen v. Mulrooney et al., [2014] B.C.T.C. Uned. 2393
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 17 Diciembre 2014
    ...on the premises, whether at common law or arising from the Act , s. 3. [74] As was stated in Wilde v. The Cambie Malone Corporation , 2008 BCSC 704 at paras. 39-40, the standard of care is not perfection, but reasonableness: [39] ... The test is one of reasonableness, not perfection ... [40......
  • Gill v. A&P Fruit Growers Ltd., [2009] B.C.T.C. Uned. 412
    • Canada
    • Supreme Court of British Columbia (Canada)
    • 27 Marzo 2009
    ...The defendant submits that even on the ordinary standard of care, it escapes liability, referring me to Wilde v. Cambie Malone Corp. 2008 BCSC 704 and guiding principles for the establishment of liability as laid down by Martinson J. - the defendant's failure to act must be a breach of the ......
  • Request a trial to view additional results
2 books & journal articles
  • Educators' Negligence and Liability
    • Canada
    • Irwin Books Education Law in Canada. A Guide for Teachers and Administrators
    • 21 Junio 2017
    ...students. The court held that his system of inspection for the door was inadequate and that he had failed to act as a careful parent. 35 2008 BCSC 704 at paras 34–37. 36 2002 CanLII 36967 (Ont SCJ). 170 / Theresa Shanahan A trespasser on a property may assume risks of injury entering a prop......
  • The Reasonable Person.
    • Canada
    • LawNow Vol. 41 No. 6, July - July 2017
    • 1 Julio 2017
    ...Injury Courts consider the cost of preventing a liability in determining negligence. In Wilde v. The Cambie Malone Corporation, 2008 BCSC 704, a woman was hit on the head by a restaurant's patio umbrella that was blown toward her by the wind. The court found the restaurant negligent because......

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