Canada: Agricultural Law Netletter - January 21, 2019

HIGHLIGHTS

* A Justice of the Supreme Court of Prince Edward Island has dismissed claims against P.E.I. Provincial Exhibition Inc., doing business as "Old Home Week" and the Charlottetown Civic Centre Management Inc. for personal injuries sustained by a volunteer while she was operating a gate during some cattle penning competition in the Civic Centre. The Court concluded that liability for her injuries rested with an independent contractor which organized the cattle penning event and a competitor riding a horse which crashed into a gate causing the Plaintiff's injuries. The Court considered the obligations of the Civic Centre under the Prince Edward Island Occupiers' Liability Act and whether or not "Old Home Week" could be characterized as an employer of the contestant. (Mallett v. Richard (c.o.b. Red Dirt Cattle Penning), CALN/2019-032, [2018] P.E.I.J. No. 75, Prince Edward Island Supreme Court)

NEW CASE LAW

Mallett v. Richard (c.o.b. Red Dirt CattlePenning);

PrinceEdward Island Supreme Court,

T.A. MacPherson J.,

December 14, 2018.

CALN/2019-032

Full Text: [2018] P.E.I.J. No. 75 | 2018 PESC 50

Liability for Physical Injuries Sustained During Agricultural Exhibitions.

Rebecca Mallett ("Mallett") sued Danny Richard, doing business as Red Dirt Cattle Penning ("Red Dirt Cattle"), Shane Bernard ("Bernard"), The Government of Prince Edward Island, The City of Charlottetown, P.E.I. Provincial Exhibition Inc., doing business as Old Home Week 

("Old Home Week") and the Charlottetown Civic Centre Management Inc. (the "Civic Centre") for physical injuries sustained when Mallett was injured when a horse and its rider, Bernard, slammed into a gate which was sprung open and struck Mallett during a cattle penning competition at the Civic Centre during Old Home Week.

The cattle penning competition was organized by Red Dirt Cattle. The event was held in the arena area of the Civic Centre. On August 12, 2012, Mallett was acting as a volunteer for the cattle penning event. Her job was to operate the gate between the chute holding area for the horses and the arena. Her duties involved opening, closing and pinning the hinged gate after each cattle penning run, to allow horses who had finished penning to exit the arena and to then allow the horses penning in the next event to enter.

On the night in question, at the end of the penning event while scores were being tabulated, the participants were invited to engage in a match race activity which involved 2 horses and riders to race at full gallop. During one of these match races, while Mallett was standing outside of the arena area, Bernard's horse slammed into a gate which sprung open and struck Mallett.

Old Home Week and the Civic Centre brought motions for summary judgment. Mallett's claims against the City of Charlottetown and the Government of Prince Edward Island had been previously dismissed or discontinued. Neither Red Dirt Cattle or Bernard participated in the application.

Decision: MacPherson, J summarily dismissed the actions against Old Home Week and the Civic Centre [at para. 98].

MacPherson, J observed [at para. 47] that the claims against Old Home Week and the Civic Centre were based on occupier's liability, vicarious liability and general negligence. Section 3 of the Occupiers' Liability Act, R.S.P.E.I. 1988, Cap. O-2 provides:

"(1) An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons, are reasonably safe while on the premises."

After considering the authorities provided by Old Home Week, MacPherson, J observed, at para. 55:

[55]. although occupier's liability legislation imposes an affirmative duty on occupiers to make their premises reasonably safe for people entering therein, by taking reasonable care to protect them from foreseeable harm, the duty is not absolute. Perfection is not the required standard. Further, occupiers are not insurers, liable for any damages suffered by people who are upon their premises. Ultimately, an occupier's responsibility is to take reasonable care in all of the circumstances of the case.

MacPherson, J observed [at para. 61] that the Civic Centre and Old Home Week argued that they should be relieved from liability because they each took reasonable care in all of the circumstances to ensure that Mallett was reasonably safe while on the premises participating in Old Home Week.

MacPherson, J concluded [at para. 69] that in all of the circumstances the duty owed by the Civic Centre as occupier and landlord of the premises was minimal:

[69]. Civic Centre entered into a lease agreement with OHW wherein it essentially turned the premises over to OHW for the term of the agreement. Civic Centre's control was limited to locking and unlocking the premises at the beginning and end of the event days and providing cleaning and general maintenance services as required.

MacPherson, J concluded [at para. 71] that:

[71] . there is no reasonable basis, in all of the circumstances, to impose a duty on Civic Centre to oversee and supervise the running of the cattle penning event, or the match races which were run in conjunction with the event.

With respect to Old Home Week, MacPherson, J found that the evidence established Richard and Red Dirt Cattle were put in place by Old Home Week to run the cattle penning event and that Red Dirt Cattle was doing so as an independent contractor [at para. 72].

MacPherson, J also concluded [at para. 80] that Red Dirt Cattle had not been hired by Old Home Week and that it was not operating under its supervision or direction.

MacPherson, J concluded, at para. 87 that the evidence was insufficient to establish an employee or agent connection and that Red Dirt Cattle was an independent contractor in all of the circumstances. 

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

To print this article, all you need is to be registered on Mondaq.com.

Click to Login as an existing user or Register so you can print this article.

Authors
 
In association with
Related Topics
 
Related Articles
 
Related Video
Up-coming Events Search
Tools
Print
Font Size:
Translation
Channels
Mondaq on Twitter
 
Mondaq Free Registration
Gain access to Mondaq global archive of over 375,000 articles covering 200 countries with a personalised News Alert and automatic login on this device.
Mondaq News Alert (some suggested topics and region)
Select Topics
Registration (please scroll down to set your data preferences)

Mondaq Ltd requires you to register and provide information that personally identifies you, including your content preferences, for three primary purposes (full details of Mondaq’s use of your personal data can be found in our Privacy and Cookies Notice):

  • To allow you to personalize the Mondaq websites you are visiting to show content ("Content") relevant to your interests.
  • To enable features such as password reminder, news alerts, email a colleague, and linking from Mondaq (and its affiliate sites) to your website.
  • To produce demographic feedback for our content providers ("Contributors") who contribute Content for free for your use.

Mondaq hopes that our registered users will support us in maintaining our free to view business model by consenting to our use of your personal data as described below.

Mondaq has a "free to view" business model. Our services are paid for by Contributors in exchange for Mondaq providing them with access to information about who accesses their content. Once personal data is transferred to our Contributors they become a data controller of this personal data. They use it to measure the response that their articles are receiving, as a form of market research. They may also use it to provide Mondaq users with information about their products and services.

Details of each Contributor to which your personal data will be transferred is clearly stated within the Content that you access. For full details of how this Contributor will use your personal data, you should review the Contributor’s own Privacy Notice.

Please indicate your preference below:

Yes, I am happy to support Mondaq in maintaining its free to view business model by agreeing to allow Mondaq to share my personal data with Contributors whose Content I access
No, I do not want Mondaq to share my personal data with Contributors

Also please let us know whether you are happy to receive communications promoting products and services offered by Mondaq:

Yes, I am happy to received promotional communications from Mondaq
No, please do not send me promotional communications from Mondaq
Terms & Conditions

Mondaq.com (the Website) is owned and managed by Mondaq Ltd (Mondaq). Mondaq grants you a non-exclusive, revocable licence to access the Website and associated services, such as the Mondaq News Alerts (Services), subject to and in consideration of your compliance with the following terms and conditions of use (Terms). Your use of the Website and/or Services constitutes your agreement to the Terms. Mondaq may terminate your use of the Website and Services if you are in breach of these Terms or if Mondaq decides to terminate the licence granted hereunder for any reason whatsoever.

Use of www.mondaq.com

To Use Mondaq.com you must be: eighteen (18) years old or over; legally capable of entering into binding contracts; and not in any way prohibited by the applicable law to enter into these Terms in the jurisdiction which you are currently located.

You may use the Website as an unregistered user, however, you are required to register as a user if you wish to read the full text of the Content or to receive the Services.

You may not modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display, or in any way exploit any of the Content, in whole or in part, except as expressly permitted in these Terms or with the prior written consent of Mondaq. You may not use electronic or other means to extract details or information from the Content. Nor shall you extract information about users or Contributors in order to offer them any services or products.

In your use of the Website and/or Services you shall: comply with all applicable laws, regulations, directives and legislations which apply to your Use of the Website and/or Services in whatever country you are physically located including without limitation any and all consumer law, export control laws and regulations; provide to us true, correct and accurate information and promptly inform us in the event that any information that you have provided to us changes or becomes inaccurate; notify Mondaq immediately of any circumstances where you have reason to believe that any Intellectual Property Rights or any other rights of any third party may have been infringed; co-operate with reasonable security or other checks or requests for information made by Mondaq from time to time; and at all times be fully liable for the breach of any of these Terms by a third party using your login details to access the Website and/or Services

however, you shall not: do anything likely to impair, interfere with or damage or cause harm or distress to any persons, or the network; do anything that will infringe any Intellectual Property Rights or other rights of Mondaq or any third party; or use the Website, Services and/or Content otherwise than in accordance with these Terms; use any trade marks or service marks of Mondaq or the Contributors, or do anything which may be seen to take unfair advantage of the reputation and goodwill of Mondaq or the Contributors, or the Website, Services and/or Content.

Mondaq reserves the right, in its sole discretion, to take any action that it deems necessary and appropriate in the event it considers that there is a breach or threatened breach of the Terms.

Mondaq’s Rights and Obligations

Unless otherwise expressly set out to the contrary, nothing in these Terms shall serve to transfer from Mondaq to you, any Intellectual Property Rights owned by and/or licensed to Mondaq and all rights, title and interest in and to such Intellectual Property Rights will remain exclusively with Mondaq and/or its licensors.

Mondaq shall use its reasonable endeavours to make the Website and Services available to you at all times, but we cannot guarantee an uninterrupted and fault free service.

Mondaq reserves the right to make changes to the services and/or the Website or part thereof, from time to time, and we may add, remove, modify and/or vary any elements of features and functionalities of the Website or the services.

Mondaq also reserves the right from time to time to monitor your Use of the Website and/or services.

Disclaimer

The Content is general information only. It is not intended to constitute legal advice or seek to be the complete and comprehensive statement of the law, nor is it intended to address your specific requirements or provide advice on which reliance should be placed. Mondaq and/or its Contributors and other suppliers make no representations about the suitability of the information contained in the Content for any purpose. All Content provided "as is" without warranty of any kind. Mondaq and/or its Contributors and other suppliers hereby exclude and disclaim all representations, warranties or guarantees with regard to the Content, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by law, Mondaq expressly excludes all representations, warranties, obligations, and liabilities arising out of or in connection with all Content. In no event shall Mondaq and/or its respective suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use of the Content or performance of Mondaq’s Services.

General

Mondaq may alter or amend these Terms by amending them on the Website. By continuing to Use the Services and/or the Website after such amendment, you will be deemed to have accepted any amendment to these Terms.

These Terms shall be governed by and construed in accordance with the laws of England and Wales and you irrevocably submit to the exclusive jurisdiction of the courts of England and Wales to settle any dispute which may arise out of or in connection with these Terms. If you live outside the United Kingdom, English law shall apply only to the extent that English law shall not deprive you of any legal protection accorded in accordance with the law of the place where you are habitually resident ("Local Law"). In the event English law deprives you of any legal protection which is accorded to you under Local Law, then these terms shall be governed by Local Law and any dispute or claim arising out of or in connection with these Terms shall be subject to the non-exclusive jurisdiction of the courts where you are habitually resident.

You may print and keep a copy of these Terms, which form the entire agreement between you and Mondaq and supersede any other communications or advertising in respect of the Service and/or the Website.

No delay in exercising or non-exercise by you and/or Mondaq of any of its rights under or in connection with these Terms shall operate as a waiver or release of each of your or Mondaq’s right. Rather, any such waiver or release must be specifically granted in writing signed by the party granting it.

If any part of these Terms is held unenforceable, that part shall be enforced to the maximum extent permissible so as to give effect to the intent of the parties, and the Terms shall continue in full force and effect.

Mondaq shall not incur any liability to you on account of any loss or damage resulting from any delay or failure to perform all or any part of these Terms if such delay or failure is caused, in whole or in part, by events, occurrences, or causes beyond the control of Mondaq. Such events, occurrences or causes will include, without limitation, acts of God, strikes, lockouts, server and network failure, riots, acts of war, earthquakes, fire and explosions.

By clicking Register you state you have read and agree to our Terms and Conditions