The provincial Ministry of Transportation and Highways engaged an independent contractor to scale a rock face bordering a highway.
The contractor negligently failed to remove protruding rocks, one of which fell and fatally injured a driver.
The Supreme Court of Canada held that the Ministry owed a non-delegable duty of care to highway users to ensure that reasonable care was taken in maintaining the highway.
The Ministry could not escape liability by delegating the work to an independent contractor.
The appeal was allowed and the trial judgment holding the Crown liable was restored.
