November 16, 2015

J. Scott Stanley

Designated drivers now indemnified against injuries caused by a drunk passenger…for now.

Designated drivers now indemnified against injuries caused by a drunk passenger…for now.

As we head towards the season of work celebrations and holiday parties the prevalence of designated driver’s is likely to rise. A recent case from the BC Court of Appeal addressed the indemnification of designated drivers and has found that a passenger whose actions cause injury is a “user” of…

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June 4, 2014

Kevin Gourlay

Seatbelt Defences — Schenker v. Scott

Reasons last week from the BC Court of Appeal re-affirming that for a seatbelt defence to succeed, the defendant must adduce evidence that the seatbelt would have made a difference (though the possibility an inference of causation can be made in particular circumstances is acknowledged): [41]         However, the judge’s conclusion…

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April 2, 2014

Kevin Gourlay

Liability of “Common Carriers”

Reasons today from Mr. Justice Abrioux in Bideci v. Neuhold, 2014 BCSC 542, a case involving the liability of common carriers.  The case arose from injuries suffered by a 93-year-old man who fell when a bus driver pulled out from a stop before the plaintiff had a chance to exit. The…

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March 25, 2014

Kevin Gourlay

The Seatbelt Defence — Lakhani v. Samson

An otherwise blameless plaintiff injured in an accident can be found contributorily negligent for failing to wear a seatbelt.  However, the burden rests with the defendant to establish a seatbelt defence.  As stated by Madam Justice Hyslop in Schenker v. Scott, 2013 BCSC 599, to establish a seatbelt defence a defendant…

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