The respondent was injured when a large block of ice fell onto the highway, forcing him into a ditch.
The provincial Ministry of Transportation and Highways had hired an independent contractor to perform road maintenance, including ice removal.
The trial judge and Court of Appeal found the contractor negligent and held the Ministry jointly liable.
On appeal to the Supreme Court of Canada, the Court held that the Ministry owed a non-delegable duty to maintain the highways reasonably and could not escape liability by delegating the work to an independent contractor.
