Appellant
Respondent
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
Court of Appeals for British ColumbiaCase Number
CA49104; CA49106 CA49107; CA49108Practice Area
Tort lawAmount
Winner
OtherTrial Start Date
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