Supreme Court of Canada
Kwong v. The Queen in Right of Alberta, [1979] 2 S.C.R. 1010
Date: 1979-10-31
Beverly 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;
and
Her Majesty The Queen in Right of Alberta (Defendant) Respondent;
and
Elsie Esther Thompson, as Executrix of the Estate of Robert George Thompson, Eddie Stephaniuk and Victoria Lazarak (Defendants).
1979: October 31.
Present: Martland, Ritchie, Pigeon, Dickson, Estey, McIntyre and Chouinard JJ.
ON APPEAL FROM THE SUPREME COURT OF ALBERTA, APPELLATE DIVISION
Negligence—Oil-burning furnace converted to gas—Door panel later removed from fan-compartment—Deceased dying from carbon monoxide fumes—No regulations governing warnings in respect to converted furnaces—Failure to establish negligence on part of Crown—The Gas Protection Act, R.S.A. 1970, c. 156.
APPEAL from a judgment of the Supreme Court of Alberta, Appellate Division, allowing an appeal from a judgment of O’Byrne J. Appeal dismissed.
D.G. Ingram and W. Kempo, for the plaintiffs, appellants.
A. Hnatiuk and S. Franklin, for the defendant, respondent.
The judgment of the Court was delivered orally by
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.
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