Byk v. Canada
T-280-89
McGillis J.
25/5/94
5 pp.
Plaintiff struck by cart operated by porter at international airport and suffered injury to knee -- Porter employed by company which had no general liability insurance -- Company leased space at airport from government -- Whether government liable in law for injuries, losses and damages suffered by plaintiff as result of accident -- Plaintiff contending government owed private law duty of care as result of negligent implementation of porter service policy; as operator of public facility, government had duty to ensure compensation would be available for damage caused to individual by any entity operating on premises -- Action dismissed -- Position advanced by counsel for plaintiff untenable at law -- Officials in department made pure policy decision dictated by financial considerations operation of porter service at airport would be responsibility of airlines -- Department without duty of care in situations arising from policy decision and shielded from application of private law tort liability: Just v. British Columbia, [1989] 2 S.C.R. 1228 -- Failure of Department to ensure strict compliance by company with terms of lease may not properly be characterized at law as acts of negligence committed in course of carrying out policy decision -- Even if inaction of Department in circumstances herein constituted negligence at law, no nexus between negligence and injuries -- To adopt position of plaintiff would require to conclude government should act as ultimate insurer in all circumstances where compensation unavailable through other sources to person injured on government property -- No order as to costs.