Week Two: Negligence and Liability

The elements of proving liability in negligence:
- Duty of care (Rankin (Rankin’s Garage) v. J.J., 2018 SCC 19);
- Breach of that duty;
- Causation; and
- Damages
Burden of proof
Standard of proof
Proving liability in motor vehicle collision cases:
- Left turn collisions: Reading Assignment: Chima v. Hans et al, Oral Reasons, Bernard J., Vancouver Registry, 20171114 (PDF posted)
- Rear-end collision / agony of the collision: Uy v. Dhillon, 2019 BCSC 1136
- Apportionment of fault, contributory negligence, joint and several liability: Aberdeen v. Township of Zanatta et al. 2007 BCSC 993, varied 2008 BCCA 420.
Brief discussion of secondary liability defences: volenti non fit injuria, ex turpi causa (to be covered in more detail in week 6)
Vicarious liability: why, how, and when: Bowe v. Bowe, 2019 BCSC 1454
Psychology of persuasion: using the “Rules of the Road” to prove liability by polarizing the case.
- Davies v. Elston, 2014 BCSC 2435.