Gibney v. Gilliland, [1994] 1 S.C.R. 157

Brian Gibney Appellant

v.

Douglas Mercer Gilliland, Darlene Dianne Gilliland and Christopher Gilliland Respondents

Indexed as: Gibney v. Gilliland

File No.: 23159.

1994: February 22.

Present: La Forest, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.

on appeal from the court of appeal for british columbia

Torts ‑‑ Negligence ‑‑ Occupiers' liability ‑‑ Trial judge's findings of fact supportable by evidence ‑‑ Appeal dismissed.

APPEAL from a judgment of the British Columbia Court of Appeal (1992), 1992 CanLII 5974 (BC CA), 71 B.C.L.R. (2d) 314, 15 B.C.A.C. 34, 27 W.A.C. 34, affirming a judgment of Trainor J. dismissing the appellant's action. Appeal dismissed.

Robert D. Gibbens and Robert Duncan Ross, Q.C., for the appellant.

Timothy J. Maledy, for the respondents.

The judgment of the Court was delivered orally by

Iacobucci J. ‑‑ In light of the findings of fact made by the trial judge, which were supportable by the evidence, we are all of the view that this appeal should be dismissed. In particular, it cannot be said that any failure on the part of the respondents was causative of the appellant's tragic injury.

Accordingly, the appeal is dismissed with costs.

Judgment accordingly.

Solicitor for the appellant: Robert Duncan Ross, Vancouver.

Solicitors for the respondents: Watson Goepel Maledy, Vancouver.