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
  • Burden of proof
  • Standard of proof
  • Proving liability in motor vehicle collision cases:
  • 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.