Krawczyk v. Peter Kiewit Sons Co.

Krawczyk v. Peter Kiewit Sons Co.

On the whole of the evidence, including the video, the defendant Riggs' manoeuvre was a routine slow backing to position his truck for a turn and did not demonstrate the requisite intention to create an apprehension of imminent harmful or offensive contact; therefore the assault claim against Riggs failed and claims...

Source-derived case information.

Citation
2009 BCSC 164
Parties
Plaintiff: Betty Krawczyk; Defendant Employer: Peter Kiewit Sons Co.; Defendant Individual (truck Driver): Dean Riggs; Defendant Minister of Transportation: Kevin Falcon; Defendant Provincial Ministry: Ministry of Transportation; Defendant Public/private Partner: Sea to Sky Highway Investment Limited Partnership; Defendant Crown: Her Majesty the Queen in Right of the Province of British Columbia
Court
Supreme Court of British Columbia
Jurisdiction
Canada
Judgment Date
12 February 2009
Procedural Posture
Civil Tort Action (assault and Vicarious Liability) / Application to Dismiss/strike Under Rules 18 a and 19(24)(a) (pre Trial Dispositive Motion)
Outcome
Plaintiff's action dismissed against Riggs, Peter Kiewit Sons Co., Kevin Falcon, the Ministry/Provincial defendants; claim against Sea-to-Sky struck for no reasonable cause of action
Legal Topics
Assault, Vicarious Liability, Summary Judgment/rule 18 a, Strike Under Rule 19(24)(a), Incitement, Volenti Non Fit Injuria
Source Language
english
Tort Civil Procedure Employment Law Public Law Assault Vicarious Liability Summary Judgment/rule 18 a Strike Under Rule 19(24)(a) +2 more

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Parties

Betty Krawczyk

Plaintiff

Peter Kiewit Sons Co.

Defendant Employer

Dean Riggs

Defendant Individual (truck Driver)

Kevin Falcon

Defendant Minister of Transportation

Ministry of Transportation

Defendant Provincial Ministry

Sea to Sky Highway Investment Limited Partnership

Defendant Public/private Partner

Her Majesty the Queen in Right of the Province of British Columbia

Defendant Crown

Procedural Posture

Civil Tort Action (assault and Vicarious Liability) / Application to Dismiss/strike Under Rules 18 a and 19(24)(a) (pre Trial Dispositive Motion)

Legal Issues

  1. 1 Whether Riggs committed an assault by intentionally creating apprehension of imminent harmful or offensive contact
  2. 2 Whether Peter Kiewit Sons Co. is vicariously liable for Riggs' conduct or directly liable as an employee‑owned company
  3. 3 Whether provincial defendants or Minister Falcon incited or are otherwise liable for the alleged assault

Ratio Decidendi

On the whole of the evidence, including the video, the defendant Riggs' manoeuvre was a routine slow backing to position his truck for a turn and did not demonstrate the requisite intention to create an apprehension of imminent harmful or offensive contact; therefore the assault claim against Riggs failed and claims against Kiewit, the provincial defendants failed derivatively; Sea-to-Sky's pleadings disclosed no reasonable cause of action and were struck under Rule 19(24)(a).

Court Disposition

Plaintiff's action dismissed against Riggs, Peter Kiewit Sons Co., Kevin Falcon, the Ministry/Provincial defendants; claim against Sea-to-Sky struck for no reasonable cause of action

Orders

  • Plaintiff's claim against Dean Riggs dismissed
  • Plaintiff's claim against Peter Kiewit Sons Co. dismissed