Facts: Powers Brothers had been subcontracted to do some plumbing work for Victoria County in the construction of a rest home. One of the company's employees went ahead and did some welding in a freshly painted area. The employee knew there was fresh paint and that there were no fire extinguishers handy. A fire erupted and spread quickly, causing substantial damage. Upon being sued for the damage caused by its employee, Powers Brothers argued that the general contractor should be found at least partially responsible for not having provided fire extinguishers on the construction site.

Issue: Whose negligence was the proximate cause of the damage?

Held: Powers Brothers was 100 percent responsible.

Judicial Reasoning: The general contractor had a duty to supply such fire extinguishers as might reasonably be required. In failing to do so, the general contractor was negligent. However, the evidence showed that the fire started almost immediately afterthe welding began and thatthereafter there was "no real opportunity for anyone to prevent the spreading of the fire which (the welder) started by his own negligence." Powers Brothers cannot use as a defence the prior negligence of the general contractor in failing to supply fire-fighting equipment. The "crucial point is that (the welder) knew that there was no fire-fighting equipment and, in spite of this knowledge, he proceeded to create a situation of danger." On these facts, a "clear line" can be drawn between the "undoubtedly prior and underlying negligence" of the general contractor and the "subsequent reckless conduct" of the welder. The "ultimate negligence, the last proximate cause of the damage" was that of the welder, and therefore, his employer.