Taheri v. Borden

Taheri v. Borden

Both drivers breached the statutory and common law duty to drive carefully and keep a proper lookout; the defendant bore primary responsibility because his movement effectively crossed into the outside lane and he failed to take reasonable steps (signal/check) to ensure the manoeuvre was safe; liability apportioned 75% to defendant and 25% to claimant, and damages and costs calculated accordingly.

Citation
2007 NSSM 29
Parties
Claimant: Farid Taheri; Defendant: William Borden
Court
Nova Scotia Small Claims Court
Jurisdiction
Canada
Judgment Date
11 June 2007
Procedural Posture
Small Claims Court / Decision
Outcome
Judgment for Claimant with liability apportioned 75% to Defendant and 25% to Claimant; Defendant ordered to pay damages and costs totaling $1,151.58.
Legal Topics
Apportionment of Liability, Duty to Keep a Lookout, Roundabout/right of Way, Damages and Costs
Source Language
English
Motor Vehicle Law Negligence Traffic Law Civil Liability Apportionment of Liability Duty to Keep a Lookout Roundabout/right of Way Damages and Costs

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Parties

Farid Taheri

Claimant

William Borden

Defendant

Procedural Posture

Small Claims Court / Decision

Legal Issues

  1. 1 Whether either driver breached the duty to drive carefully under the Motor Vehicle Act
  2. 2 Whether the defendant made an unlawful or unsafe lane change
  3. 3 Allocation of fault between drivers (comparative negligence)

Ratio Decidendi

Both drivers breached the statutory and common law duty to drive carefully and keep a proper lookout; the defendant bore primary responsibility because his movement effectively crossed into the outside lane and he failed to take reasonable steps (signal/check) to ensure the manoeuvre was safe; liability apportioned 75% to defendant and 25% to claimant, and damages and costs calculated accordingly.

Court Disposition

Judgment for Claimant with liability apportioned 75% to Defendant and 25% to Claimant; Defendant ordered to pay damages and costs totaling $1,151.58.

Orders

  • Defendant pay Claimant debt for repairs and rental: $1,035.15 (75% of $1,380.20)
  • Defendant pay Claimant costs: $116.43 (75% of $155.24)