Kerrybrooke Development Ltd. v. Ellis‑Don Ltd., [1990] 1 S.C.R. 275
Westeel‑Rosco Limited/Westeel‑Rosco Limitée, Robert Seipp, Brian Fiddler, William Rozell, Gary Ashton, Phillip Wellings, Kent Glasier, Cory Berg, Sidney Stechoski, Lee Cannon, Dan Brooks, Jim Greginsky, Tom Rice, Brian Murphy and Kevin Lowe Appellants
v.
Kerrybrooke Development Limited/La Société immobilière Kerrybrooke Limitée and Simpsons‑Sears Limited/Simpsons‑Sears Limitée Respondents
and
Ellis‑Don Limited, Brian Kirk and Daryl Zorn Respondents
Indexed as: Kerrybrooke Development Ltd. v. Ellis‑Don Ltd.
File No.: 21228.
1990: March 1.
Present: Lamer, Wilson, La Forest, Sopinka, Gonthier, Cory and McLachlin JJ.
on appeal from the court of appeal for saskatchewan
Negligence ‑‑ Building contracts ‑‑ Liability of contractor and subcontractor.
APPEAL from a judgment of the Saskatchewan Court of Appeal (1988), 1988 CanLII 5380 (SK CA), 67 Sask. R. 304, affirming a judgment of Scheibel J. (1986), 1986 CanLII 2998 (SK QB), 46 Sask. R. 47, 18 C.L.R. 20. Appeal dismissed.
Leonard D. Andrychuk and Jeffrey M. Lee, for the appellants.
No one appeared for the respondents Kerrybrooke Development Ltd. et al.
E.R. Gritzfeld, Q.C., and M. T. Megaw, for the respondents Ellis‑Don Ltd. et al.
The judgment of the Court was delivered orally by
Lamer J. ‑‑ We need not hear from you Mr. Gritzfeld and Mr. Megaw, we are ready to give judgment now. Our colleague Justice La Forest will pronounce the judgment of the Court.
La Forest J. ‑‑ The courts below found that the damages in this case resulted solely from the appellants' negligence. There was no finding of negligence against the contractor, although it was liable in contract to the owners for the damage to the roof. Under these circumstances, we are all of the view that the courts below arrived at the proper decision.
The appeal is dismissed with costs.
Judgment accordingly.
Solicitors for the appellants: MacPherson, Leslie & Tyerman, Regina.
Solicitors for the respondents Ellis‑Don Ltd. et al.: Gritzfeld & Associates, Regina.