Ontario Severance

C. v. W.

1959 CanLII 142 (ON SC)Ontario Superior Court of JusticeDecided Workplace discrimination

Workplace Accident: Employee Injured by Falling Tree During Tree-Felling Operation

Summary

A workplace accident case where an employee was injured by a falling tree during a tree-felling operation. The court examined the employer's duty to provide a safe system of work, the applicability of the volenti non fit injuria doctrine, and the employee's contributory negligence. The employee suffered severe injuries, including paralysis of the left arm and hand, and was awarded $15,000 in general damages, reduced by 50% due to contributory negligence.

Outcome

Employee awarded $15,000 in general damages, reduced by 50% for contributory negligence.

Award

$15,000 in general damages assessed for the employee's severe and permanent injuries, reduced by 50% due to contributory negligence.

Key Factors

  • workplace accident
  • employer liability
  • safe system of work
  • contributory negligence
  • damages assessment

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This summary was written by AI from the published decision and its headnote. It is not an official version of the decision; read the full text on CanLII before relying on it. This is legal information, not legal advice. Ontario Severance is an educational tool. If you are facing a serious employment law matter, consult with a qualified employment lawyer in Ontario.