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Bankruptcy and insolvency [1974] SCR 832

Kozack v. Richter

Appeal in bankruptcy discharge terms allowed where a tort judgment debtor sought discharge after wilful and wanton misconduct caused the bankruptcy.

  • Discharge in bankruptcy
  • Judicial discretion
  • Wilful and wanton misconduct
  • Damages assessment
  • Conditional discharge terms
  • Bankruptcy-discharge
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Torts [1968] SCR 776

Markling v. Ewaniuk et al.

The Supreme Court of Canada held that a learner driver’s conduct met the statutory test for wilful and wanton misconduct, making the owner and driver liable.

  • Wilful and wanton misconduct
  • Gratuitous passenger liability
  • Liability of vehicle owner
  • Liability of accompanying licensed operator under learner's licence statute
  • Res ipsa loquitur
  • Wilful-and-wanton-misconduct
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Tort [1962] SCR 112

Handley v. Allardyce

The Supreme Court of Canada held that a passenger-owner could not recover for personal injuries caused by a driver's negligence absent wilful and wanton misconduct.

  • Owner/driver liability
  • Passenger liability
  • Wilful and wanton misconduct
  • Vicarious liability
  • Legislative re-enactment and judicial interpretation
  • Motor-vehicle-law
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Tort [1951] SCR 450

Studer v. Cowper

The Supreme Court of Canada held that “gross negligence” and “wilful and wanton misconduct” in Saskatchewan’s Vehicles Act are distinct alternatives and do not require proof of criminal negligence.

  • Gratuitous passenger liability
  • Gross negligence
  • Wilful and wanton misconduct
  • Criminal negligence standard
  • Jury findings and particulars
  • Interpretation of s.141(2) of the vehicles act (sask.)
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Motor vehicles [1942] SCR 141

McCulloch v. Murray

The Supreme Court of Canada held that a jury’s finding of gross negligence, described as reckless driving, was sufficiently certain to support liability under Nova Scotia’s guest-passenger statute.

  • Guest passenger liability
  • Gross negligence
  • Wilful and wanton misconduct
  • Jury findings
  • Construction of statute
  • Gross-negligence
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Torts [1938] SCR 315

Derkson v. Lloyd

The Supreme Court of Canada restored the trial judgment in a motor vehicle passenger injury case, holding there were no adequate grounds to reverse the finding of no gross negligence or wilful and wanton misconduct.

  • Passenger liability
  • Owner liability
  • Gross negligence
  • Wilful and wanton misconduct
  • Statutory defence (the vehicles act s.85)
  • Scope of appeal
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.