Facts: On May 7th McLaren and his wife were on their way to Oakville with five guests, including Matthews, and Horesly, also Donald Marck, and Mr. and Mrs. Richard Jones. McLaren was an owner of a cabin boat. The guest also provided alcohol on the boat. Furthermore, the boat left Port Credit at 6:30 PM to return back to Oakville. Matthews had fallen over board that evening. The guests on the boat tried to help rescue Matthew. Horesly jumped into water to help Matthew. The weather that evening was very cold, and due to the weather conditions both guests were unconscious and shocked from the cold water temperature.
Procedural History: Horsley’s family is suing McLaren for be accountable for tort law. Additionally, Horsley’s family was the first ones to successed at trial, however the appeal was dismissed. According to the trial judge McLaren was responsible of negligence, and no duty was in control of the double deaths. The defendant made an error of judgement, and did not use the correct knowledge during the time of rescue. In that case the judge dismissed the appeal with additional costs.
Issues: Does McLaren have a duty to rescue a passenger if they fell overboard at their own risk?
Was the defendant found negligent? Was McLaren found liable for…show more content… In addition, Matthews already owned duty because he was a passenger on the cabin cruiser. The trial judge does believe McLaren was found negligence due to Matthews falling into the water. While McLaren tried his ability to rescue, Horesly also jumped in to save Matthews life. As a result, Horesly was pronounced dead not because he drowned, but because he was unconscious, and felt shocks from the icy cold water. The Defendant was found guilty of making the wrong judgement during the operation of rescue. The Trial Judge dismissed the case with
