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Motorcyclists in joint dangerous ride found partly liable for fatal crash.
The plaintiff sought damages for negligence arising from a motorcycle collision in which a rider lost control, crossed the centre line, and struck the plaintiff’s vehicle, causing death and serious injury.
The court considered whether two other motorcyclists riding with the deceased rider were negligent and contributed to the accident.
Evidence included their guilty pleas under the Highway Traffic Act and video footage showing excessive speeds, unsafe lane changes, and stunt riding during the group ride.
The court found that the three motorcyclists were engaged in a joint venture involving unlawful and dangerous driving that created a foreseeable risk of serious harm to other road users.
The two defendants were each found 25 per cent liable for the plaintiff’s damages, jointly and severally.
Summary judgment denied; delegating parking lot maintenance in a lease does not automatically discharge an occupier's duty.
The plaintiff tripped and fell in a pothole in a Sobeys parking lot.
Sobeys brought a motion for summary judgment, arguing it had delegated responsibility for parking lot maintenance to its landlord, the co-defendant, via a lease agreement.
The court dismissed the motion, finding that a mere assignment of responsibility is insufficient to discharge an occupier's duty under the Occupiers' Liability Act.
A genuine issue for trial exists regarding whether Sobeys implemented an adequate system of inspection to ensure the co-defendant was acting properly and competently.
