En una demanda por colisiĂłn vehicular, el tribunal hallĂł que ambos conductores incumplieron sus deberes y apreciĂł responsabilidad compartida al 50%.
The Court of Appeal upheld a 60/40 apportionment of fault in a motor vehicle collision, despite finding the trial judge erred about whether the respondent stopped at the stop sign.
The court held that Jory stopped at the stop line but failed to appreciate Pereira’s excessive speed. Liability for the collision was apportioned 40% to Jory and 60% to Pereira.
Adjudicator accepted claimant had stopped and entered the intersection first but was partly negligent for proceeding with an obstructed view; defendant nevertheless struck the claimant while claimant was in the intersection, so liability was apportioned under the Contributory Negligence Act at 75% for the defendant and 25% for the claimant and damages awarded accordingly.
The British Columbia Court of Appeal held that s. 186(a) of the Motor Vehicle Act requires a driver to stop at the marked stop line; stopping before it did not comply.