Study 1 - Intro to Liability Insurance

Question 1

What was the first product liability case to sue under tort theory?

Key words: ginger beer, snail, manufacturer, product liability, duty of care

Answer 1

Donoghue v. Stevenson [1932] AC 562

There was no contract between Donoghue and Stevenson. Donoghue was gifted the tainted bottle of ginger beer.

Duty of care for manufacturers towards consumers is established

Question 2

What precedent case established occupier duty of care for public lands?

Keywords: occupier, public lands, abut the persons property, duty of care

Answer 2

MacKay v. Starbucks Corporation, 2017 ONCA 350

Customer slipped and fell due to ice on city sidewalk just outside of Starbucks.

Court decides there is no common law duty of care, but there is a statutory duty owed by Starbucks. They are an occupier even though they don’t occupy the municipal sidewalk in question

this case suggests that where a business exercises control over city property in furtherance of its commercial purposes, it will be deemed to be an occupier of that public space.

Question 3

What precedent case established that there is no duty of care owed towards thieves in control of or possession of stolen property?

Keywords: duty of care, thieves, stolen property, control or possession of; foreseeable

Answer 3

Rankin (Rankin’s Garage & Sales) v. J.J., 2018 SCC 19

The harm the plaintiff suffered was not reasonably forseeable. Even though defendant left keys in an ashtray of a vehicle, the catastrophic injury that arose was not foreseeable

The risk of theft was foreseeable, the risk of injury subsequent to the theft was not.

Question 4

What precedent case law established the statute of limitations timeframe - when damage is discovered by plaintiff?

Keywords: statute of limitations, Kamloops, discoverability principle

Answer 4

Kamloops (City of) v. Nielsen (1984), 2 SCR

Established the statute of limitations begins either when the plaintiff discovers the material facts on which a claim is based have been discovered or ought to have been discovered

The statue began when the plumber discovered the
foundation issues while e is there fixing a broken pipe. Which is well after the date the foundation is poured.

Question 5

What precedent case law established defense of responsible communication?

Keywords: defemation, golf course, responsible communication, media

Answer 5

Grant v. Torstar Corp., [2009] 3 SCR 640, 2009 SCC 61

The Supreme Court ruled that the law of defamation should give way to the rights of a party to speak on matters of public interest, provided the party exercises a certain level of responsibility in verifying the potentially defamatory facts. This decision recognizes a defence of responsible communication on matters of public interest.