Kolodychuk v. Squire

Kolodychuk v. Squire

The appeal is allowed and the Court of Appeal judgment is varied by apportioning liability 60% to the deceased (represented by the appellant) and 40% to the respondent; appellate courts must give due deference to trial judges' allocations of fault and should only vary them when there is a demonstrable error in law or fact or a palpable misuse of the trial judge's advantage in seeing witnesses.

Citation
[1973] SCR 303
Parties
Appellant (plaintiff): Mildred Marie Kolodychuk (Administratrix of the Estate of Jack Roger Kolodychuk); Respondent (defendant): William Arthur Squire
Court
Supreme Court of Canada
Jurisdiction
Canada
Judgment Date
22 December 1972
Procedural Posture
Tort Negligence (fatal Accident) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia (includes Cross Appeal)
Outcome
Appeal allowed; judgment of the Court of Appeal varied; cross-appeal dismissed; Spence J. dissenting.
Legal Topics
Apportionment of Liability, Contributory Negligence, Standard of Appellate Interference, Assessment of Fault Percentages
Source Language
English
Torts Negligence Fatal Accidents Appellate Review Apportionment of Liability Contributory Negligence Standard of Appellate Interference Assessment of Fault Percentages

Case Brief

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Parties

Mildred Marie Kolodychuk (Administratrix of the Estate of Jack Roger Kolodychuk)

Appellant (plaintiff)

William Arthur Squire

Respondent (defendant)

Procedural Posture

Tort Negligence (fatal Accident) / Appeal to the Supreme Court of Canada From the Court of Appeal for British Columbia (includes Cross Appeal)

Legal Issues

  1. 1 Whether the Court of Appeal erred in varying the trial judge's apportionment of fault
  2. 2 Proper application of the Contributory Negligence Act to apportion damages
  3. 3 Standard for appellate courts to alter a trial judge's allocation of blame

Ratio Decidendi

The appeal is allowed and the Court of Appeal judgment is varied by apportioning liability 60% to the deceased (represented by the appellant) and 40% to the respondent; appellate courts must give due deference to trial judges' allocations of fault and should only vary them when there is a demonstrable error in law or fact or a palpable misuse of the trial judge's advantage in seeing witnesses.

Court Disposition

Appeal allowed; judgment of the Court of Appeal varied; cross-appeal dismissed; Spence J. dissenting.

Orders

  • Apportion liability 60% against the deceased (as represented by the appellant) and 40% against the respondent
  • Determine amounts recoverable by the appellant and the four infant children accordingly