Background:
After spending the day at Cultus Lake, where alcohol was consumed, the group headed back in the evening. Mr. Ghuman did not appear intoxicated. At around 10:45 p.m., Mr. Curtis passed the Range Rover due to its inconsistent speeds. He re-entered the lane closely in front of the Range Rover. In response, Mr. Ghuman tried to pass the Nissan on a double solid line, lost control, and crashed, injuring the occupants.

Legal Issues and Arguments:
Key issues included whether Mr. Curtis contributed to the accident by returning too close to the Range Rover and whether Mr. Ghuman’s actions were negligent. Mr. Ghuman argued he reacted to an emergency (the "agony of collision"). Mr. Curtis claimed Mr. Ghuman’s reckless passing attempt broke the chain of causation (novus actus interveniens).

Findings and Apportionment:
The court found Mr. Ghuman 80% at fault for dangerous passing and Mr. Curtis 20% at fault for re-entering the lane too closely and not slowing sooner.

Awards:
No damages or award amounts were specified, as the trial focused on liability.