The appellants appealed the dismissal of their action arising from a snowmobile accident where the plaintiff collided with the respondent's parked truck and trailer.
The appellants argued the trial judge failed to consider that the respondent's vehicles were parked contrary to the Highway Traffic Act and were unilluminated.
The Court of Appeal dismissed the appeal, finding that the trial judge correctly concluded the accident was caused entirely by the plaintiff, who had consumed alcohol, was carrying a passenger on an unsuitable snowmobile, and was driving erratically up and down snowbanks at an unsafe speed.
