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Manufacturer not liable for farm equipment injury where user's failure to use safety covers broke causal link.
The appellant, an eleven-year-old boy, was severely injured when his foot was caught in a conveyer worm screw at a poultry house.
He brought an action against the owner of the poultry house and later joined the manufacturer of the conveyer as a defendant.
After settling with the owner, the appellant continued his action against the manufacturer, alleging failure to warn and defective design.
The Supreme Court of Canada dismissed the appeal, finding that the accident was entirely caused by the negligence of the appellant and his father, who had failed to use the safety covers provided by the manufacturer.
This negligence constituted a novus actus interveniens that broke any causal link between the manufacturer's alleged faults and the injury.
Appeal dismissed; amendment to substitute plaintiff's name after prescription period expired allowed.
The appellants appealed a decision of the Quebec Court of Appeal that allowed the respondent to amend his writ of summons and declaration to substitute a company name for his own, even though the prescription period had expired.
The Supreme Court of Canada dismissed the appeal, agreeing with the reasons of the Court of Appeal that the amendment was not contrary to the ends of justice.
