Canada Case Law

Russell v. Christopherson

Court

Supreme Court of British Columbia

Defendant breached the standard of care by initiating a lane change unsafe and before signalling; that breach caused the plaintiff to slam brakes and lose control; plaintiff also breached the standard by attempting an unsafe high-speed overtaking manoeuvre and by excessive speed, and plaintiff's breach was a proximate cause; liability apportioned equally (50/50) and damages for non-pecuniary loss, past and future loss of earning capacity, future care and special damages awarded and reduced by 50%.

Source excerpt

• Liability
• Breach of statutory and common law duties
• Causation
• Quantification of damages
• Future care costs
• Apportionment of fault

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Butler v. Municipal Ready-Mix Ltd.

Court

Nova Scotia Small Claims Court

Adjudicator found the driver (defendant) breached his duty by failing to take adequate precautions (e.g. use a spotter) despite knowledge of low wires and thereby caused the damage; the claimant was contributorily negligent for knowing of the low, rotted attachment point and failing to upgrade or warn neighbor; because degrees of fault could not be differentiated, liability is apportioned equally and each party is responsible for $1,452.41 (half of accepted damages $2,904.83).

Source excerpt

• Duty of care
• Standard of care
• Causation
• Apportionment of liability
• Damages
• Evidence weight and hearsay

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Abdi v. Bottomley

Court

Supreme Court of British Columbia

Oral ruling on whether mitigation and contributory negligence should go to the jury. Mitigation was allowed; contributory negligence was not.

• Failure to mitigate
• Contributory negligence
• Threshold for putting issues to jury
• Expert medical evidence
• Failure-to-mitigate
• Contributory-negligence

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Lakatos v. Lakatos

Court

Supreme Court of British Columbia

Motor vehicle injury trial with two accidents, contributory negligence, indivisible injuries, and damages assessed globally with apportionment among defendants.

• Non-pecuniary damages
• Past and future loss of earning capacity
• Future cost of care
• In-trust claim
• Divisibility
• Apportionment

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Park v. VW Credit Canada Inc.

Court

Supreme Court of British Columbia

The court awarded limited dependency and funeral damages under the Family Compensation Act, and reduced them for 20% contributory negligence by the deceased.

• Dependency loss
• Funeral expenses
• Hearsay admissibility and statements of intention
• Business valuation in damages
• Apportionment of fault
• Wrongful-death

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Harder v. Poettcker

Court

Supreme Court of British Columbia

The court assessed damages for a motor vehicle injury claim, finding moderate soft tissue injuries, no proven causation for surgery or fibromyalgia, and awarding $13,050 after contributory negligence.

• Non-pecuniary damages
• Loss of housekeeping capacity
• Special damages
• Causation
• Apportionment
• Personal-injury-damages

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Armes v. Millard

Court

British Columbia Court of Appeal

The Court of Appeal dismissed appeals in a motor vehicle negligence case, holding the trial judge could find no imminent hazard arose from the oncoming headlights and no further precautions were required.

• Duty of care
• Standard of care
• Breach
• Causation
• Apportionment of fault
• Evidence evaluation

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Saulnier v. Diamond

Court

Supreme Court of Nova Scotia

The defendants, through their agent, supplied a ladder they knew to be old and failed to warn the plaintiff of its limits; the plaintiff reasonably relied on that representation and was injured, establishing liability in negligence, negligent misrepresentation and under the Occupier's Liability Act; plaintiff also materially contributed to his injury by drinking and making a cursory inspection, therefore liability is apportioned 50/50 and damages assessed and halved accordingly.

Source excerpt

• Occupier's liability act s.4
• Res ipsa loquitur
• Contributory negligence act s.3(1)
• Causation
• Apportionment of liability
• Assessment of general and special damages

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Graham v. Carson

Court

British Columbia Court of Appeal

Appeal dismissed in a cyclist injury case. The Court of Appeal upheld the finding that the driver’s sudden, unsignaled move into traffic created the emergency and that the cyclist was not contributorily negligent.

• Causation
• Apportionment of fault
• Emergency doctrine (agony of the moment)
• S.158 motor vehicle act (passing on right)
• Use of evidence and findings of fact
• Negligence

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Faircrest v. Buchanan

Court

Supreme Court of British Columbia

Summary judgment liability decision from Connolly Lodge. The Court found the nurse negligent, held Fraser Health vicariously liable, and apportioned fault 60/40.

• Duty of care
• Standard of care
• Causation
• Remoteness
• Volunteer safety
• Negligent walking

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