Kwong v. The Queen in Right of Alberta

[1979] 2 SCR 1010 Court SCC Decision date 1979-10-31 English

PartiesBeverly Kwong, as Administratrix of the Estate of George Chunkie Kwong, Stephen Kinhon Kwong, by his next friend, Beverly Kwong, Vivian Laigan Kwong, by her next friend, Beverly Kwong and Beverly Kwong (Plaintiffs) Appellants·Her Majesty The Queen in Right of Alberta (Defendant) Respondent

Counsel (4)

D.G. Ingram and W. Kempo, for the plaintiffs, appellants.
A. Hnatiuk and S. Franklin, for the defendant, respondent.
Solicitors for the plaintiffs, appellants: Matheson & Co., Edmonton.
Solicitor for the defendant, respondent: The Attorney General of Alberta.

Judges Martland, Ronald; Ritchie, Roland Almon; Pigeon, Louis-Philippe; Dickson, Robert George Brian; Estey, Willard Zebedee; McIntyre, William Rogers; Chouinard, Julien

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

On appeal from Alberta

Subjects Torts

Contents

Majority

The judgment of the Court was delivered orally by

MARTLAND J.

MARTLAND J.—We are all in agreement with the conclusion reached by Chief Justice McGillivray that there were no regulations governing warnings in respect to converted furnaces and that it

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was not open to the Court to say that there should be. In our opinion the appellant failed to establish negligence on the part of the Crown.

The appeal is dismissed with costs.

Judgment accordingly.

Solicitors for the plaintiffs, appellants: Matheson & Co., Edmonton.

Solicitor for the defendant, respondent: The Attorney General of Alberta.

Footnotes

[1] [1979] 2 W.W.R. 1.