Baker v. Austin

Baker v. Austin

The Supreme Court held there was ample evidence to support the jury's findings including the apportionment of negligence (75% defendant, 25% plaintiff), no error in the trial judge's charge was shown, and the damages award was not inordinately high; accordingly the Court of Appeal's decision was set aside and the trial judgment restored.

Citation
[1969] SCR 500
Parties
Plaintiff/appellant: Frederick James Baker; Defendant/respondent: Terry Austin
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
29 April 1969
Procedural Posture
Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia
Outcome
Appeal allowed; judgment of Court of Appeal set aside; trial judgment restored.
Legal Topics
Right of Way, Apportionment of Fault, Damages Assessment, Negligence, Motor Vehicle Act S.164
Source Language
English
Torts Motor Vehicle Law Civil Procedure Right of Way Apportionment of Fault Damages Assessment Negligence Motor Vehicle Act S.164

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Parties

Frederick James Baker

Plaintiff/appellant

Terry Austin

Defendant/respondent

Procedural Posture

Tort Negligence / Appeal to Supreme Court of Canada From Court of Appeal for British Columbia

Legal Issues

  1. 1 Whether the defendant or plaintiff had right of way under s.164 of the Motor-vehicle Act
  2. 2 Whether the jury's apportionment of negligence (75% defendant, 25% plaintiff) was supported by evidence
  3. 3 Whether there was error in the trial judge's charge to the jury

Ratio Decidendi

The Supreme Court held there was ample evidence to support the jury's findings including the apportionment of negligence (75% defendant, 25% plaintiff), no error in the trial judge's charge was shown, and the damages award was not inordinately high; accordingly the Court of Appeal's decision was set aside and the trial judgment restored.

Court Disposition

Appeal allowed; judgment of Court of Appeal set aside; trial judgment restored.

Orders

  • Appeal allowed with costs in this Court and in the Court of Appeal.
  • Judgment of the Court of Appeal is set aside and the judgment at trial is restored.