In what circumstances will a plaintiff be able to bring a claim against a corporation for negligence?
Saskatchewan, Canada
The following excerpt is from Allan v. Saskatoon (City), 1971 CanLII 779 (SK CA):
In Clemens v. Berlin (1904), 7 O.L.R. 33, the corporation’s employees had left a steam roller standing on the highway which frightened the plaintiff’s horses and caused them to run away. Teetzel J. stated at p. 35: “The learned Master took the view that the plaintiff’s action was based on non-repair of the highway, and therefore, under sect. 104 of the Judicature Act, it must be tried without a jury. “With very great respect, I think that the action clearly is based on an act of misfeasance by the defendants. It is not alleged by the plaintiff that the highway was out of repair, but that the defendants committed an unlawful act in leaving the steam roller upon the highway, at which her horses took fright.”
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