Sissons v. Canadian Tire Corporation Limited
Clifford Frank Sissons
Law Firm / Organization
Murphy Battista LLP
Lawyer(s)

J. Scott Stanley

Canadian Tire Corporation Limited
Law Firm / Organization
Torys LLP
Home Hardware Stores Limited
Law Firm / Organization
Torys LLP
Quad City Building Materials Ltd.
Law Firm / Organization
Torys LLP
  • Facts: Clifford Frank Sissons filed a personal injury lawsuit against Canadian Tire Corporation Limited, claiming that he contracted Non-Hodgkin’s Lymphoma after using the herbicide Roundup, which he purchased from the defendants. The case primarily involved the interpretation of the Sale of Goods Act, specifically the implied conditions of quality or fitness for a particular purpose.

  • Issue: The main legal issue was whether the trial should proceed with a jury, as initially requested by the plaintiff, or be heard by a judge alone, based on the defendants' application. This hinged on whether the case involved complex statutory interpretation and scientific evidence that would not be suitable for a jury trial.

  • Court's Ruling: The Supreme Court of British Columbia ruled in favor of the defendants, striking the plaintiff’s notice for a jury trial. The court found that the principal question was the construction of an enactment (the Sale of Goods Act) and that the complexity of the issues, including scientific evidence related to the cause of Non-Hodgkin’s Lymphoma, made a jury trial inappropriate.

  • Costs/Damages: The judgment did not specifically address costs or damages awarded to the successful party at this stage, as the ruling focused on the procedural aspect of whether the case should be tried by a jury or a judge alone.

Supreme Court of British Columbia
S1911663
Civil litigation
Defendant