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Gibney v. Gilliland

[1994] 1 SCR 157 Court SCC Decision date 1994-02-22 Docket 23159 English

PartiesBrian Gibney Appellant·Douglas Mercer Gilliland, Darlene Respondents·Dianne Gilliland and Christopher Respondents·Gilliland Respondents

Judges La Forest, Gérard V.; Sopinka, John; Gonthier, Charles Doherty; Cory, Peter deCarteret; McLachlin, Beverley; Iacobucci, Frank; Major, John C.

Decision 6–1 Majority (6) · Iacobucci J. (1)

On appeal from British Columbia

Subjects Torts

Contents

Majority

The judgment of the Court was delivered orally by

Iacobucci J.

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.