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

[1970] 1 Lloyd's Rep. 257

CANADASUPREME COURT OF ONTARIOCOURT OF APPEAL

Before Schroeder, J. A., McGillivray J.A., and Jessup, J.A.

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".