Hospitality Investments Ltd. v. Everett Lord Building Construction Ltd., [1996] 3 S.C.R. 605
The Town of St. Andrews Appellant
v.
Hospitality Investments Ltd. Respondent
and
The Union of British Columbia Municipalities, the Municipal Insurance Association of British Columbia and the Federation of Canadian Municipalities Interveners
Indexed as: Hospitality Investments Ltd. v. Everett Lord Building Construction Ltd.
File No.: 24830.
1996: November 8.
Present: La Forest, Sopinka, Gonthier, Cory, McLachlin, Iacobucci and Major JJ.
on appeal from the court of appeal for new brunswick
Torts ‑‑ Negligence ‑‑ Duty of care ‑‑ Municipal liability ‑‑ Municipality not enforcing building by-law ‑‑ Building deficient ‑‑ No duty of care owed.
APPEAL from a judgment of the New Brunswick Court of Appeal (1995), 1995 CanLII 17061 (NB CA), 166 N.B.R. (2d) 241, 425 A.P.R. 241, 3 D.M.P.L. 175, allowing an appeal from a judgment of Jones J. (1993), 1993 CanLII 6965 (NB KB), 143 N.B.R. (2d) 258, 366 A.P.R. 258, 2 D.M.P.L. 385. Appeal allowed.
Barry R. Morrison, Q.C., and Timothy M. Hopkins, for the appellant.
Paulette C. Garnett, Q.C., and Rodney J. Gillis, Q.C., for the respondent.
John R. Singleton and Kate McLean, for the interveners.
The judgment of the Court was delivered orally by
[1] La Forest J. -- Despite your valiant efforts, Ms. Garnett, we are all of the view that the appeal should be allowed.
[2] We agree with the trial judge that no duty of care was owed to the respondent in the circumstances of this case. Accordingly, the appeal is allowed, the judgment of the Court of Appeal (1995), 1995 CanLII 17061 (NB CA), 166 N.B.R. (2d) 241, is reversed, and the trial judgment (1993), 1993 CanLII 6965 (NB KB), 143 N.B.R. (2d) 258, is restored, the whole with costs throughout.
Judgment accordingly.
Solicitors for the appellant: Clark, Drummie & Company, Saint John.
Solicitors for the respondent: Gilbert, McGloan, Gillis, Saint John.
Solicitors for the interveners: Singleton, Urquhart, Scott, Vancouver.