The minor Plaintiffs entered an unsecured garage property and stole a vehicle. The vehicle was subsequently involved in an accident and Plaintiff J suffered a catastrophic brain injury. At trial, it was found that the garage owed a duty of care to J. This finding was upheld by the Ontario Court of Appeal. However, the Supreme Court of Canada overturned the decision in a 7-2 split. The Supreme Court held that the risk of theft did not automatically include the risk of theft by minors and that there was insufficient evidence to suggest that it was foreseeable that minors would frequent the garage premises at night or be involved in vehicle theft. The Supreme Court also held that the garage did not have a positive duty to guard against the risk of theft by minors.
Menu