Minosky v. Brar

The court accepted the physical evidence and expert reconstruction over Minosky's account and concluded that Minosky failed to yield as required by Motor Vehicle Act s.175; accordingly Minosky was 100% at fault for the collision.

Citation: 2011 BCSC 721
Parties: Plaintiff (docket M103066) / Defendant (docket M100915): William Minosky; Defendant (docket M103066) / Plaintiff (docket M100915): Kamaljit Brar
Court: Supreme Court of British Columbia
Jurisdiction: Canada
Judgment Date: 3 June 2011
Procedural Posture: Motor Vehicle Negligence; Tort Claim / Liability Hearing (trial on Liability Only)
Outcome: Liability determined for both related actions: William Minosky 100% at fault; Kamaljit Brar not liable
Legal Topics: Right of Way, Stop Sign Intersection, Burden to Yield (motor Vehicle Act S.175), Accident Reconstruction, Witness Credibility and Distance Estimation
Source Language: English

Automobile Law Negligence Tort Law Evidence Right of Way Stop Sign Intersection Burden to Yield (motor Vehicle Act S.175) Accident Reconstruction +1 more

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Parties

William Minosky

Plaintiff (docket M103066) / Defendant (docket M100915)

Kamaljit Brar

Defendant (docket M103066) / Plaintiff (docket M100915)

Procedural Posture

Motor Vehicle Negligence; Tort Claim / Liability Hearing (trial on Liability Only)

Legal Issues

1 Whether Minosky failed to yield when entering the intersection
2 Whether Brar was negligent or could have avoided the collision
3 Proper allocation of fault under Motor Vehicle Act s.175

Ratio Decidendi

Court Disposition

Liability determined for both related actions: William Minosky 100% at fault; Kamaljit Brar not liable

Orders

Liability in both actions: William Minosky 100% responsible for the collision; no liability for Kamaljit Brar