MATTHEWS AND OTHERS v. MACLAREN, JONES AND THE "OGOPOGO" HORSLEY AND OTHERS v. MACLAREN AND JONES

[1969] 1 Lloyd's Rep. 374

CANADASUPREME COURT OF ONTARIO

Before Mr. Justice Lacourciere

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-Standard of conduct applicable to such duty-Whether wrong procedure adopted for rescue attempt -Death of rescuer who dived in following abortive rescue attempts - Whether rescuer's conduct natural and probable result of boat owner's negligence-Volenti non fit injuria-Right of boat owner to limit liability.