Appellant
Respondent
Overview:
The case was an appeal in the Court of Appeal for British Columbia. Sukhwant Kaur Hayer (Appellant) challenged the trial court's decision that she was entirely at fault for a motor vehicle collision involving Gurpreet Kaur Dhingra (Respondent). The collision occurred at a four-way stop intersection.
Legal Issues and Arguments:
The central issue was whether the trial judge erred in rejecting expert evidence presented by the Appellant. Ms. Hayer argued that the expert evidence, based on physical evidence and collision simulation software, demonstrated she entered the intersection first. The trial court had found this evidence unreliable, preferring lay witness testimony.
The Respondent maintained that the trial judge correctly assessed liability based on statutory duties under the Motor Vehicle Act and the common law duty of care.
Court's Findings:
The appellate court upheld the trial court’s decision. It ruled the trial judge did not misapprehend the expert evidence but appropriately preferred lay testimony. The Court emphasized it was not its role to reweigh evidence.
Outcome and Costs:
The appeal was dismissed. No specific monetary award or cost judgment was mentioned in the document for the successful party, Gurpreet Kaur Dhingra.
Court
Court of Appeals for British ColumbiaCase Number
CA49678Practice Area
Tort lawAmount
Winner
RespondentTrial Start Date
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