Hewson v. Peter Kiewit Infrastructure Co.

Hewson v. Peter Kiewit Infrastructure Co.

The Court upheld the trial judge's exercise of discretion to conduct a summary trial because the judge properly considered the relevant factors and could find the necessary facts, and on the evidence the appellant failed to prove breach of the standard of care or causation, warranting dismissal of the claim.

Citation
2017 BCCA 143
Parties
Appellant (plaintiff): Mark Colin Hewson; Respondent (defendant): Peter Kiewit Infrastructure Co.
Court
British Columbia Court of Appeal
Jurisdiction
Canada
Judgment Date
16 March 2017
Procedural Posture
Negligence Appeal From Summary Trial on Liability / Court of Appeal Decision on Appeal From Supreme Court Summary Trial
Outcome
Appeal dismissed
Legal Topics
Summary Trial Procedure, Standard of Care, Causation, Severance of Liability and Damages, Proportionality, Credibility Assessment
Source Language
English
Tort Civil Procedure Negligence Appeal Summary Trial Procedure Standard of Care Causation Severance of Liability and Damages +2 more

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Parties

Mark Colin Hewson

Appellant (plaintiff)

Peter Kiewit Infrastructure Co.

Respondent (defendant)

Procedural Posture

Negligence Appeal From Summary Trial on Liability / Court of Appeal Decision on Appeal From Supreme Court Summary Trial

Legal Issues

  1. 1 Whether the trial judge erred in proceeding by summary trial
  2. 2 Whether the appellant proved breach of the applicable standard of care by the defendant
  3. 3 Whether the appellant proved causation linking the alleged design to the accident

Ratio Decidendi

The Court upheld the trial judge's exercise of discretion to conduct a summary trial because the judge properly considered the relevant factors and could find the necessary facts, and on the evidence the appellant failed to prove breach of the standard of care or causation, warranting dismissal of the claim.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs awarded to Peter Kiewit Infrastructure Co.