McConkey v. Thorn

McConkey v. Thorn

Respondent breached the statutory duty under s.64 by failing to yield and was principally at fault; deceased was partly negligent for excessive speed and reduced visibility; apportionment of fault 75% respondent, 25% deceased, resulting in judgment for appellant for reduced damages.

Citation
[1972] SCR 61
Parties
Plaintiff/appellant: Cora Cecilia McConkey (personal representative of the Estate of William McConkey, deceased); Defendant/respondent: Walter Thorn; Third Parties: Daniel Sorensen; Simon Sorensen
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
31 May 1971
Procedural Posture
Tort Motor Vehicle Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal
Outcome
Appeal allowed
Legal Topics
Right of Way, Contributory Negligence, Highway Traffic Act S.64, Damages, Withdrawal of Jury
Source Language
English
Tort Motor Vehicles Negligence Statutory Duty Procedural Law Right of Way Contributory Negligence Highway Traffic Act S.64 +2 more

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Parties

Cora Cecilia McConkey (personal representative of the Estate of William McConkey, deceased)

Plaintiff/appellant

Walter Thorn

Defendant/respondent

Daniel Sorensen; Simon Sorensen

Third Parties

Procedural Posture

Tort Motor Vehicle Negligence / Appeal to Supreme Court of Canada From Court of Appeal for Ontario; Judgment on Appeal

Legal Issues

  1. 1 Whether respondent breached s.64 of the Highway Traffic Act by failing to yield right of way
  2. 2 Whether deceased driver was contributorily negligent for speed/visibility
  3. 3 Appropriate apportionment of fault between parties

Ratio Decidendi

Respondent breached the statutory duty under s.64 by failing to yield and was principally at fault; deceased was partly negligent for excessive speed and reduced visibility; apportionment of fault 75% respondent, 25% deceased, resulting in judgment for appellant for reduced damages.

Court Disposition

Appeal allowed

Orders

  • Judgment for appellant in the amount of $14,857.95 CAD
  • Apportionment of liability: 75% against respondent Walter Thorn and 25% against deceased William McConkey