Horsley v. MacLaren
Encyclopedia
Horsley v. MacLaren, [1972] S.C.R. 441, also known as the Ogopogo case, is a leading Supreme Court of Canada
decision where it was held that there is no duty at common law to rescue or aid anyone in distress. Furthermore, "a person who imperils himself by his carelessness may be as fully liable to a rescuer as a third person would be who imperils another."
". He invited several friends out on his boat which included Mr. Matthews, Mr. Horsley, and Mr. and Mrs. Jones. During their cruise, Matthews fell overboard into the icy water which caused him to have a heart attack and die. MacLaren backed the boat up to rescue Matthews not knowing if he was alive. Horsley jumped into the water to save Matthews but he was also overcome by the cold water. Mrs. Jones then jumped in to help them both. Mr. MacLaren moved the boat into a better position to rescue the three. In all, Mr. Matthews and Mr.Horsley were killed.
of one rescuer to a succeeding one where the former has not been guilty of any fault which could be said to have induced a second rescue attempt." The Donoghue v Stevenson case doesn't touch this principle, because it says that you have a duty
to avoid causing harm, not a duty to help someone else. In the Court of Appeal for Ontario decision [1970] 2 O.R. 487, 11 D.L.R. (3d) 277, Arthur Jessup
J said the Well-Known Quotes: "So, despite the moral outrage of the text writers, it appears presently the law that one can, with immunity, smoke a cigarette on the beach while one’s neighbour drowns and, without a word of warning watch a child or blind person walk into certain danger".
Supreme Court of Canada
The Supreme Court of Canada is the highest court of Canada and is the final court of appeals in the Canadian justice system. The court grants permission to between 40 and 75 litigants each year to appeal decisions rendered by provincial, territorial and federal appellate courts, and its decisions...
decision where it was held that there is no duty at common law to rescue or aid anyone in distress. Furthermore, "a person who imperils himself by his carelessness may be as fully liable to a rescuer as a third person would be who imperils another."
Background
MacLaren was the owner and pilot of a boat called the "OgopogoOgopogo
Ogopogo or Naitaka is the name given to a cryptid lake monster reported to live in Okanagan Lake, in British Columbia, Canada. Ogopogo has been allegedly seen by First Nations people since the 19th century...
". He invited several friends out on his boat which included Mr. Matthews, Mr. Horsley, and Mr. and Mrs. Jones. During their cruise, Matthews fell overboard into the icy water which caused him to have a heart attack and die. MacLaren backed the boat up to rescue Matthews not knowing if he was alive. Horsley jumped into the water to save Matthews but he was also overcome by the cold water. Mrs. Jones then jumped in to help them both. Mr. MacLaren moved the boat into a better position to rescue the three. In all, Mr. Matthews and Mr.Horsley were killed.
Opinion of the Court
The Court held that "encouragement by the common law of the rescue of persons in danger would ... go beyond reasonable bounds if it involved liabilityLegal liability
Legal liability is the legal bound obligation to pay debts.* In law a person is said to be legally liable when they are financially and legally responsible for something. Legal liability concerns both civil law and criminal law. See Strict liability. Under English law, with the passing of the Theft...
of one rescuer to a succeeding one where the former has not been guilty of any fault which could be said to have induced a second rescue attempt." The Donoghue v Stevenson case doesn't touch this principle, because it says that you have a duty
Duty
Duty is a term that conveys a sense of moral commitment to someone or something. The moral commitment is the sort that results in action and it is not a matter of passive feeling or mere recognition...
to avoid causing harm, not a duty to help someone else. In the Court of Appeal for Ontario decision [1970] 2 O.R. 487, 11 D.L.R. (3d) 277, Arthur Jessup
Arthur Jessup
Arthur Robert Jessup was a Canadian judge born in Montreal, Quebec, Canada.-World War II:During World War II, he was a Major in the Canadian Army with the Governor General's Foot Guards from 1939 until the end of the War in 1945...
J said the Well-Known Quotes: "So, despite the moral outrage of the text writers, it appears presently the law that one can, with immunity, smoke a cigarette on the beach while one’s neighbour drowns and, without a word of warning watch a child or blind person walk into certain danger".
External links
- Full text of Supreme Court decision at Canlii.org and lexum