This appeal arose from a train collision at a private railway crossing that caused catastrophic injuries after a vehicle slid down an icy incline onto the tracks.
The court upheld findings that the railway and the provincial ministry were negligent in relation to the unsafe crossing conditions, including obstructed sight lines and excessive slope, and upheld the contractual indemnity requiring the ministry to indemnify the railway for its negligence.
The court rejected the ministry's reliance on statutory immunity under the Public Lands Act because the relevant road was on railway lands, not public lands.
The court allowed the lodge owner's appeal, holding he was neither an occupier of the crossing nor subject to a common law duty to warn of the crossing's dangers.
The judgment was amended to remove his liability and to reapportion fault between the remaining defendants.
