The appellant was injured when his motorcycle tire became trapped in a flangeway gap alongside railway tracks running down the centre of a street.
The trial judge found the railways liable in negligence and nuisance, but the Court of Appeal reversed, holding that the railways' compliance with statutory and regulatory standards precluded liability.
The Supreme Court of Canada allowed the appeal, abolishing the long-standing 'special rule' that limited a railway's duty of care to statutory compliance.
The Court held that statutory compliance does not necessarily exhaust the common law standard of care, and the railways were negligent in failing to minimize the risk posed by the flangeways.
The Court also restored the trial judge's findings on public nuisance and the absence of contributory negligence.
