The appellant and respondent had been drinking.
The respondent allowed the impaired appellant to drive his car to attempt a rolling start on a steep gravel road.
The appellant lost control, crashed, and suffered head injuries.
The trial judge found the respondent 75% liable.
The Court of Appeal reversed, applying the doctrine of ex turpi causa non oritur actio to bar the appellant's claim.
The Supreme Court of Canada allowed the appeal, holding that the ex turpi causa defence does not apply to bar recovery for personal injuries in tort, as compensation does not allow the plaintiff to profit from illegal conduct.
Liability was reapportioned equally between the parties.
