Ding v. Prévost, A Division of Volvo Group Canada Inc.
Jie Ding
Hua Li Pan
Law Firm / Organization
McComb Witten Marcoux
Lawyer(s)

Whitney Derber

Brian Spittal
Law Firm / Organization
Webster Hudson & Coombe LLP (WHC Law)
Lawyer(s)

Danine T. Griffin

Western Bus Lines Ltd.
Law Firm / Organization
Webster Hudson & Coombe LLP (WHC Law)
Lawyer(s)

Danine T. Griffin

Canam Super Vacation Inc. d.b.a. Super Vacation
Law Firm / Organization
Alexander Holburn Beaudin + Lang LLP
Lawyer(s)

Justin McGregor

Prévost, A Division of Volvo Group Canada Inc.
Law Firm / Organization
Harper Grey LLP
Lawyer(s)

Guy Brown, K.C.

Mark Yu
Law Firm / Organization
Unrepresented
Universal Coach Line Ltd.
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

Harley J. Harris

Laurels Tak Lau
Law Firm / Organization
Alexander Holburn Beaudin + Lang LLP
Lawyer(s)

Justin McGregor

Paul Tao Way Chan
Law Firm / Organization
Alexander Holburn Beaudin + Lang LLP
Lawyer(s)

Justin McGregor

Tat Chi Yu a.k.a. Mark Ewan
Law Firm / Organization
Unrepresented
  • Facts: The case involved a tour bus crash on the Coquihalla Highway on August 28, 2014, with 55 passengers on board, who each filed individual actions. The crash was attributed to the driver, Mr. Spittal, whose momentary lapse in attention caused the accident. Allegations were made against various parties, including the bus manufacturer Prévost, the tour organizers, and the bus line for issues such as negligence in operation, lack of seatbelts, and failure to warn passengers of potential risks.

  • Issue: The main legal question was whether the defendants, other than the driver and his employer who admitted liability, were also responsible due to alleged negligence in ensuring passenger safety and the suitability and condition of the bus.

  • Court's Ruling: The court dismissed the action against all defendants except for Western Bus and Mr. Spittal, who had already admitted liability. The court found that the other defendants were not negligent as claimed, and that the plaintiffs failed to prove their allegations regarding the lack of seatbelts and the condition of the bus contributed to the injuries sustained.

  • Costs/Damages Awarded: Western Bus and Mr. Spittal were held liable. However, the court decided that each party would bear their own costs for the trial, and did not award any costs or damages against the other defendants. The plaintiffs were entitled to their costs up to the start of the trial against Western and Mr. Spittal.

Supreme Court of British Columbia
M166513; M166164
Tort law
Plaintiff