Appellant
Respondent
Background: This case arose from a single vehicle accident on August 28, 2014, involving a tour bus operated by Canam Super Vacation Inc. Jie Ding, a passenger, was partially ejected and seriously injured. The driver and the bus company admitted liability. The trial continued against Prévost, a Division of Volvo Group Canada Inc., Universal Coach Line Ltd., and others.
Legal Issues:
Trial Court Decision: The trial judge dismissed all claims against the defendants, concluding that the bus design complied with industry standards at the time of manufacture and that there was no duty to warn.
Held: Ding appealed the dismissal, asserting errors in the trial judge's analysis of negligent design and failure to warn. The appellate court upheld the dismissal of the substantive claims but found errors in the costs award.
Costs and Award: The appellate court modified the costs award, ruling that Ding was entitled to her costs of trial against the driver and Western Bus Lines Ltd., excluding the costs related to negligent sub-contracting claims. No specific total amount of costs was provided in the summary.
Court
Court of Appeals for British ColumbiaCase Number
CA48150Practice Area
Tort lawAmount
Winner
RespondentTrial Start Date
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