Ding v. Canam Super Vacation Inc.
Jie Ding
Canam Super Vacation Inc. d.b.a. Super Vacation
Prévost, a Division of Volvo Group Canada Inc.
Law Firm / Organization
Harper Grey LLP
Universal Coach Line Ltd.
Law Firm / Organization
Owen Bird Law Corporation
Lawyer(s)

Harley J. Harris

Brian Spittal
Western Bus Lines Ltd.
Mark Yu
Law Firm / Organization
Unrepresented
Laurels Tak Lau
Law Firm / Organization
Unrepresented
Paul Tao Way Chan
Law Firm / Organization
Unrepresented

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:

  1. Negligent Design: Ding alleged that Prévost negligently designed the bus without seatbelts. The trial judge found that Prévost met the industry standards and was not negligent.
  2. Failure to Warn: Ding also claimed that Prévost and Canam failed to warn passengers about the dangers of riding without seatbelts. The court found insufficient evidence to prove causation against the defendants.

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 of Appeals for British Columbia
CA48150
Tort law
Respondent