Emil Anderson Maintenance Co. Ltd. v. Taylor
Emil Anderson Maintenance Co. Ltd.
Law Firm / Organization
Whitelaw Twining (WT BCA LLP)
Gloria Jean Taylor
Law Firm / Organization
Unrepresented
Judson Thomas Sleeman
Law Firm / Organization
Icon Law Group
His Majesty the King in Right of the Province of British Columbia as represented by the Minister of Justice and Attorney General of British Columbia
Kelly Molloy, Executor of the Estate of Barbara McNally
Cole Stevens
Law Firm / Organization
Vertlieb Siren
Lawyer(s)

Art Vertlieb

The Estate of Barbara McNally
Attorney General of Canada

Background: The case centered on negligence and liability after a serious traffic accident at an intersection where traffic lights had failed.

Legal Issues: Key legal issues included the determination of duty of care, the standard of care, causation, and apportionment of liability among the parties involved, including Emil Anderson Maintenance Co. Ltd., the Attorney General of Canada (representing the RCMP Operational Communications Centre), and individual drivers.

Held: The court found that the communications center employees had a duty of care which was breached by their failure to promptly alert external agencies and dispatch police after being warned of the traffic light failure. Emil Anderson Maintenance Co. Ltd. was found liable for not taking action to rectify the hazardous situation after being aware of the traffic light outage. The court dismissed the appeals by both Emil Anderson Maintenance Co. Ltd. and the Attorney General of Canada, holding them along with the drivers, responsible for the accident. Liability was apportioned as follows: 40% to the Attorney General of Canada (on behalf of the RCMP Operational Communications Centre), 25% to Emil Anderson Maintenance Co. Ltd., 25% to Judson Sleeman (speeding driver), and 10% to Barbara McNally (deceased driver making a turn).

Costs/Awards: The document did not specify the total amount of costs or awards granted to the successful party. The case dealt only with issues of liability, not damages.

Court of Appeals for British Columbia
CA49104; CA49106 CA49107; CA49108
Tort law
Other