Voyageur Provincial Inc. v. Guidolin

Voyageur Provincial Inc. v. Guidolin

The Court upheld the Court of Appeal’s factual findings that the bus driver was negligent by leaving the right lane when he did and failing to react to a stopped vehicle, breaching the standard under Civil Code art.1053 and the Highway Code; an appellate court was justified in intervening on facts given the record and circumstances; therefore appellant remains liable and the appeal is dismissed.

Citation
[1977] 2 SCR 1112
Parties
Appellant / Defendant: Voyageur Provincial Inc.; Plaintiff / Respondent: Dame Teresa Palombi Guidolin; Plaintiff / Respondent: Angelo Guidolin; Defendant / Respondent: René Lachance
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
7 December 1976
Procedural Posture
Civil Appeal (motor Vehicle Tort) / Appeal to Supreme Court of Canada; Final Judgment
Outcome
Appeal dismissed.
Legal Topics
Standard of Care, Appellate Review of Facts, Liability of Carrier, Highway Code Compliance
Source Language
English
Motor Vehicles Tort Negligence Civil Procedure Standard of Care Appellate Review of Facts Liability of Carrier Highway Code Compliance

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Legal principles 3 Authorities cited 3 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Voyageur Provincial Inc.

Appellant / Defendant

Dame Teresa Palombi Guidolin

Plaintiff / Respondent

Angelo Guidolin

Plaintiff / Respondent

René Lachance

Defendant / Respondent

Procedural Posture

Civil Appeal (motor Vehicle Tort) / Appeal to Supreme Court of Canada; Final Judgment

Legal Issues

  1. 1 Whether appellant bus company was liable for injuries and death arising from the accident
  2. 2 Whether the Court of Appeal erred in intervening on a question of fact
  3. 3 Whether the bus driver met the standard of care under Civil Code art. 1053 and Highway Code s.50(1)

Ratio Decidendi

The Court upheld the Court of Appeal’s factual findings that the bus driver was negligent by leaving the right lane when he did and failing to react to a stopped vehicle, breaching the standard under Civil Code art.1053 and the Highway Code; an appellate court was justified in intervening on facts given the record and circumstances; therefore appellant remains liable and the appeal is dismissed.

Court Disposition

Appeal dismissed.

Orders

  • Appeal dismissed with costs.
  • Judgment of the Court of Appeal for Quebec upheld.