Nov 26, 2014

Dunsmore v Deshield et al Case Brief

Dunsmore v. Deshield et al., 1977 CanLII 1520 (SK QB)

Facts: P ordered special lens that is more impact resistant than ordinary lenses. P playing football, made contact with another player and injured his eye after his glasses shattered. Proved on BOP that the lens were not Hardex. Manufacturer (D1) and Optometrist (D2) did not test the lens if they were in fact Hardex.

Issue: Were the defendants negligent in not providing Hardex lenses to P?

Held: Ds jointly and severally liable

Analysis: Each D had a duty to ensure that P received Hardex lenses. D1 failed to supply them to D2 who then failed to test the lenses. (D2 entitled to rely on D1s duty to supply the lenses though)