HORSLEY AND OTHERS v. MACLAREN AND OTHERS (THE "OGOPOGO")

[1971] 2 Lloyd's Rep. 410

CANADASUPREME COURT

Before Mr. Justice Judson, Mr. Justice Ritchie, Mr. Justice Hall,1 Mr. Justice Spence and Mr. Justice Laskin1

Negligence - Duty of care - Rescue - Passenger lost after fall overboard from pleasure boat - Alleged negligence by boat-owner in rescue attempt - Whether legal duty on boat-owner to go to rescue of passenger who had fallen overboard in the circumstances without negligence on part of boat-owner - Standard of conduct applicable to such duty - Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat-owner's negligence - Liability of boat-owner to rescuer - Whether early warning to rescuer by boat-owner to confine himself to the cockpit or cabin put rescuer's intervention beyond boat-owner's reasonable contemplation - Volenti non fit injuria.