McQuillan v. Dean

McQuillan v. Dean

On the balance of probabilities the Aveo was stationary and substantially on the light gravel/grass shoulder about 15–25 metres east of the crest; the Dodge was travelling above the 50 km/h limit and at an unsafe speed for the hill-induced visibility obstruction; the Aveo was not reversing; consequently Dean...

Source-derived case information.

Citation
2014 BCSC 2578
Parties
Plaintiff (action M123619); Defendant (action M146439): Todd Jacob McQuillan; Defendant (action M123619); Plaintiff (action M146439): Robert William Dean; Defendant (action M146439); Owner of the Aveo: Valerie Angela Marie Hebert (also known as Valerie Herbert)
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
9 October 2014
Procedural Posture
Cross Actions for Damages Arising From a Motor Vehicle Collision (consolidated Liability Trial) / Trial on Liability; Oral Reasons for Judgment Delivered
Outcome
Court finds Defendant Robert William Dean entirely responsible for the collision; Plaintiff Todd McQuillan not negligent; Dean's claim (Action M146439) dismissed; McQuillan's claim (Action M123619) allowed on liability.
Legal Topics
Liability for Collision, Apportionment of Fault, Motor Vehicle Act S.187(1) (stopping on Roadway), Expert Accident Reconstruction, Witness Credibility and Reliability
Source Language
english
Torts Motor Vehicle Law Negligence Civil Procedure Liability for Collision Apportionment of Fault Motor Vehicle Act S.187(1) (stopping on Roadway) Expert Accident Reconstruction +1 more

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Parties

Todd Jacob McQuillan

Plaintiff (action M123619); Defendant (action M146439)

Robert William Dean

Defendant (action M123619); Plaintiff (action M146439)

Valerie Angela Marie Hebert (also known as Valerie Herbert)

Defendant (action M146439); Owner of the Aveo

Procedural Posture

Cross Actions for Damages Arising From a Motor Vehicle Collision (consolidated Liability Trial) / Trial on Liability; Oral Reasons for Judgment Delivered

Legal Issues

  1. 1 Whether the Aveo was reversing or stationary at impact
  2. 2 How far east of the hill crest the Aveo was at impact
  3. 3 Speed of the Dodge at impact and whether it was excessive

Ratio Decidendi

On the balance of probabilities the Aveo was stationary and substantially on the light gravel/grass shoulder about 15–25 metres east of the crest; the Dodge was travelling above the 50 km/h limit and at an unsafe speed for the hill-induced visibility obstruction; the Aveo was not reversing; consequently Dean breached his duty of care and is entirely responsible for the collision; McQuillan was not negligent.

Court Disposition

Court finds Defendant Robert William Dean entirely responsible for the collision; Plaintiff Todd McQuillan not negligent; Dean's claim (Action M146439) dismissed; McQuillan's claim (Action M123619) allowed on liability.

Orders

  • Robert William Dean is held fully liable for the collision and resulting damages.
  • Claim by Todd McQuillan in Action M123619 succeeds on liability; counterclaim/claim by Robert Dean in Action M146439 dismissed on liability.