If someone drifts onto a soft shoulder and loses control of the vehicle, are they at fault? What is the standard of care? Is losing control on a gravelly shoulder a “true accident” in which no one can be blamed?
Read More →If a child-pedestrian is struck, can the child be found partially at-fault? Should a child be held to an adult standard of reasonableness? What if the child is not yet 10 years old? In the Ontario Supreme Court case of
Read More →If you are injured while “playing around” on provincial property, can you sue for your injuries? What if the property is severely corroded, and but for its condition, you wouldn’t have been injured? Yesterday’s judgment from the British Columbia Supreme
Read More →Is the left-turner always at fault in a collision? What if the through driver is also negligent? Today’s summary comes from a 2010 decision of the Supreme Court (Kelly v. Yuen 2010 BCSC 1794). Mr. Justice MacKenzie provides a thorough
Read More →Can I be assessed contributory negligence if I am riding with a novice driver who I know to be exceeding his or her license limitations? What is my duty to avoid a potentially dangerous situation as a passenger? In the
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