The Canadian Wheat Board sought to recover damages from the respondent for delivering infested grain out of a terminal elevator, contrary to the Canada Grain Act.
The Board pleaded statutory breach rather than negligence, arguing the breach gave rise to absolute liability.
The Supreme Court of Canada dismissed the appeal, holding that the civil consequences of a statutory breach should be subsumed in the law of negligence.
The Court rejected the notion of a nominate tort of statutory breach and found that since no negligence was pleaded or proven, the action must fail.
