The judge found that Rhonda was responsible for the accident. An owner is responsible for damages caused by livestock while at large unless the owner establishes that reasonable care was used to make sure that livestock would not escape. Rhonda had a seriously impaired right hand that affected her ability to handle the horse when she dismounted. Dismounting in this situation increased the risk of injury to others. Rhonda did not take reasonable care to ensure that Harvey would not escape and be at large.
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Case No. 2 - Groping for Grapes
The store had acted reasonably. The store was not held responsible for grapes spilled from flats because customers should not be handling those grapes individually and dropping them on the floor. That was a different situation from the bulk grape display. there, the judge said, it could be expected that grapes would spill - and there, the store had put mats on the floor to protect shoppers from slipping. The judge said the store had done ever-thing necessary to protect Sue.
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The judge found that child support is the right of the child if that child qualifies as a child of the marriage. The "Divorce Act" defines a child of the marriage as a child of two former spouses who is under the age of majority and has not withdrawn from their charge or is the age of majority or over and under their charge but unable, by reason of illness, disability, or other cause, to withdraw from their charge or obtain the necessaries of life. The judge was satisfied that in the circumstances Richard continued to qualify as a child of the marriage because he accepted that Richard was trying to continue his education. The court ordered that Richard provide proof of his registration at university and that Helen's continued obligation to pay child support is contingent upon his attending university and remaining in full-time attendance at university.
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The judge found that Joe had no legal obligation to support his daughter once the daughter was made a permanent ward of the state. However, just because she was a permanent ward did not affect her rights in respect of her father's estate. The court found that Joe had a moral obligation and that his decision to disinherit the daughter failed to meet his moral obligation to her/ The judge ordered a lump sum of $150,000.00 to be paid from the estate for the benefit of Cassie.
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Henry's best argument was a line of cases that say where a volunteer thinks someone is in danger and tries to rescue them, he can sue for injuries be receives as a result. Unfortunately for Henry in this case, the judge decided that principle "rescuer" cases do not extend to cover property damage. Henry's case was dismissed.
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Case No. 6 - Sam the Snowmobiler
Lois succeeded 100%. Sam should have properly appreciated her inexperience and slowed down when she expressed her concern. He also should have given her better advice about footwear so as to protect herself in precisely the circumstances that occurred.
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Case No. 7 - A Deal is a Deal?
The Judge found that the adjuster, Sam, had offered medical advice to Billy. Billy was not just any injured person but in fact was ignorant of his rights and vulnerable to Sam's persuasion. The Judge held that the Agreement signed by Billy was substantially unfair and put it aside. Billy was thus able to pursue his claim in spite of the signed Release and Goliath had to pay.
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In this case, Tilly's vehicle was used by a limited number of people and hence the private road she was on was not a "highway" within the meaning of the Motor Vehicle Act. She therefore had a duty to yield to Dan's vehicle and was close enough to constitute an immediate hazard. She was 100% responsible for the collision.
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The judge ruled that Ian was 85% responsible for the accident and ordered ICBC to pay Carrie damages for the injuries that she suffered. Although Carrie was not supposed to be cycling in the crosswalk area, Ian should have expected that someone would be using the crosswalk. As such, he should have taken extreme care and maintained a vigilant lookout for those who might be in the crosswalk. There was no excuse for him not to have seen Carrie. On the other hand, the judge felt that Carrie should also bear some of the blame for her injuries as she was riding where she was not permitted to ride, and was not wearing her helmet. Had she been wearing her helmet, her injuries would not have been as serious as they were. Her damage award was reduced accordingly.
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Case No. 10 - A Free Ride with a Catch!
The court decided that Ian and Carrie should share responsibility for this accident and held each 50% liable. Carrie, if she had kept a proper lookout, would have seen Ian on the sidewalk at the end of her driveway. On the other hand, Ian, if he were not as intoxicated as he was, would not have fallen, would have seen Carrie backing down the driveway toward him much sooner and would have been able to get out of the way.
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Case No. 11 - A Question of Ownership!
The crown prosecutor said this was a clear cut case of theft, where someone is caught red-handed with a bucket of balls, standing in a lake on the golf course in the early hours of the morning wearing a wetsuit with a friend diving for golf balls. The judge considered the matter carefully. Theft is taking possession of another's property and intending to deprive the owner of his property. Here, there was a question of who owned the golf balls. No owners were named. There was only one golf ball with a distinctive mark on it that showed it belonged to the club. Was the distinctive ball used by a golfer and did that golfer steal the golf course's ball? Was Zorro stealing from the thief who had taken the club's ball? The court held that there might be evidence of Zorro being in possession of stolen property and there might have been evidence of trespass. But these were not the chargers before the court. Zorro might have been a thief but he did not steal from the golf course. The court ordered Zorro to return the golf ball with the distinctive mark to the golf course and dismissed the charge of theft.
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Case No. 12 - HARRY'S HAZZARD!
Patrolman Paul was very badly injured but had to bear part of the responsibility for those injuries. He was held 40% at fault, mainly because with a little extra caution, he could have avoided the collision completely by pausing to check oncoming traffic in the fourth lane. Harry was 60% at fault because, even though he hadn't seen the flashing lights or heard the siren, he should have suspected a problem because three out of four traffic lanes were stopped, even though they had a green light.
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Case No. 13 - STEP PARENT MAINTENANCE!
The judge agreed with Ronald. In reaching his decision, the Judge concluded that in British Columbia the Court retains discretion as to what is an appropriate order for child support after consideration of all of the circumstances and the factors set out in the applicable legislation. In this case, the Judge considered several factors to be particularly relevant, including the parties' pattern of serial relationships, the primary obligation of the biological parents for the support of their children, Ronald's contribution to date to the support of the children, the absence of any continuing relationship between Ronald and the children, and the children's present needs. The case is noteworthy in that prior to this decision, it was often presumed that a stepparent's obligation to pay child support was identical in all respects to that of a biological parent, and would not terminate until the child was no longer eligible for maintenance under the applicable statute.
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Case No. 14 - UNLUCKY LOGGERS!
The judge accepted that both drivers had indeed radioed their positions as they traveled the road, but that for whatever reason, they did not make radio contact as one would have expected. As such, she could not decide the case on that basis. However, she decided the case based on the Motor Vehicle Act, which requires a driver to use due care and attention, with reasonable consideration for others on the road, and to drive at a speed that is safe in the circumstances. She held the parties equally responsible for the accident. Both parties had been traveling too fast for road conditions, so neither could avoid the accident as Gary came around the corner. She noted that even though Larry's speed was only 35 km/h, it was still excessive, considering the narrow road and the width and weight of his truck.
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Case No. 15 - INTERSECTION MAYHEM!
The judge that first heard the case found that Bumper Barry was 100% at fault for Poor Penny's injuries. However, an appeal court had a second look at the accident and decided that Lefty Larry and Bumper Barry equally shared the blame for the accident. The judges made this decision based on the "but for test": but for the negligence of both Larry and Barry, the accident would not have happened. If Lefty Larry had not stopped so suddenly, Bumper Barry would not have rear-ended Penny.
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The court held the ranch fully responsible for Neil's injuries. This was the first time that Jane had led a novice trail ride and she failed to take reasonable precautions for Neil's safety. Before the ride, she did not property instruct the riders about the hazards of trail riding, nor about trail riding etiquette and safety. During the ride, she did not lead the pack as she should have and could not, therefore, control the speed of the other horses. she also did not ensure the safe stowing of Neil's jacket, though she was aware of the potential hazard that it created. Neil was not held in any way responsible for his injuries, as he had fully disclosed that he was a novice rider and was simply not well-instructed nor monitored before and during the ride. the court also noted that Neil did not sign a waiver of liability form prior to the ride.
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Case No. 17 - DON'T DRINK & DRIVE!
Courts have determined that, unlike commercial hosts, social hosts do not have the same relationship with the general public that requires they take protective measures. Social hosts are not regulated, do not have the capacity to monitor consumption, and do not have contractual relationships with people imbibing on their property. The court concluded that, on the facts, the necessary connection between the social hosts and highway users was not established as the injuries were not reasonably foreseeable. Even if a collision could be reasonably foreseeable, there is a reluctance to hold parties accountable for failures to act, as opposed to holding people accountable for injuries resulting from their actions. The Court described three situations where a relationship can be created that gives rise to a duty on a party to act to ensure the safety of others. The first is when others are invited to engage in a risk under the defendant's control, i.e. rafting companies. The second is relationships of supervision and control, such as teacher-student interaction where the dominant party exercises control. The third is when parties engage in public functions or commercial enterprise (the pub). The Court found that the activities of a social host did not fall into any of the categories. Holding a private party where alcohol is consumed is not enough to implicate the hosts in the creation of risks thereby compelling them to take action to protect third parties.
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Case No. 18 - EXPERIMENT GONE AWRY
The Judge agreed that if the question were merely whether there had been informed consent or not, he would have decided the matter in Lenny's favour. The Judge did not accept Lenny's argument about the burden of proof. He indicated that if there some evidence to refute Lenny's claim then he has to prove on balance that the use of the spacers caused his present condition In the face of some evidence to the contrary the judge held that it was not shown that the use of the spacers caused the problem that resulted in Lenny's subsequent back surgery. Lenny's claim was dismissed.
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The judge refused to make the order requested. An application for an order to change guardianship solely to qualify a student to register in a school system should not be granted. The guardian or guardians of a child normally have the full bundle of rights and responsibilities relating to a child as those that naturally arise from parenthood, unless limited in some fashion by statute or order of the Court. The "best interests of children" are the paramount consideration in granting a guardianship order. As such its importance cannot be overstated and an order to change guardianship solely for the sake of convenience should not be granted. Absent evidence of further compelling reasons, the judge could not determine whether the order requested would meet the test of being in the best interests of the child.
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Case No. 20 - BORDERLINE ABDUCTION
There was no dispute that Cindi wished to leave the home. However, the Court held that she was not old enough to consent to taking herself out of the guardianship of the grandparents. Therefore it was irrelevant that she asked Stu to take her away. The intention of this criminal code provision was the protection of children from harm by diminishing their vulnerability and recognizing that they are best protected by their parents or guardians. Therefore, as long as Stu knew that his actions would deprive the guardians of their ability to exercise control over Cindi, a 'taking' had occurred. His motive did not matter. He was guilty..
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The court held Mr. Clean 80% at fault for the accident, as he was the person responsible for Minnie's care. In fact, he saw Minnie about 10 feet from the truck just prior to it driving away, but assumed that she would not move towards it. This error in judgment and failure to properly supervise ultimately led to his daughter's injury, and left her with a permanent limp. He could and should have done much more to protect her from injury. The court found that Oscar could not have avoided the accident, and that he had been reasonable careful. When hu pulled up to the house, he saw Mr. Clean's two older daughters, but at to time was he aware that Minnie was also outside. As he drove away he made sure that the two older girsl were clear of the truck. He was, however, found 20% responsible for the failure of his employee, Swampy, to warn him about the danger to Minnie. Swampy could and should have seen the danger to Minnie and warned him about it.
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Case No. 22 - RED DEER ROCKET?
The Judge found that Peter's action should be dismissed. He was unable to establish positively the presence of black ice. In addition, there were dark skid marks left on the highway by Peter's car, tending to discount the possibility of the supposed black ice..
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Case No. 23 - FLYING INTO TROUBLE!
The Court looked at the overall purpose of the provision in the Act. It was reasoned that the provision was intended to prohibit certain forms of conveyances from being used to hunt, herd or harass wildlife. It was held that the Crown's submissions asked that the Court interpret the word "hunt" too expansively. The Judge reasoned that the trip in by helicopter was part of the preparation in anticipation of hunting, not part of the hunting expedition itself. The hunting expedition started the next day. Likewise, the trip back out was held to be a concluding activity, not part of a hunting expedition. To be held afoul of the charge under the Act, one would have to use, or provide, a helicopter in the midst of the hunting expedition. Both men were acquitted.
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The Judge agreed with Barry. While Fred was within his rights to drain his land, he should have done so more slowly, so that it would not cause the damage that it did to Barry's property. In the circumstances, Barry was justified in completely plugging Fred's holes. Fred had to pay for the damage he caused.
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Case No. 25 - BEWARE - YOU MAY GET BENCHED!
The Judge decided that it wasn't the runner or Town Councillor that caused Cal's problem - it was the unknown individual who, in spite of the bench's rickety condition, stood it upright so it looked normal. That is what caused Cal's injury and Black Rock couldn't be held responsible for a danger that it could not foresee.
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Case No. 26 -BAD FIRST IMPRESSION!
The Appeal Court applied a common sense test that looks at the facts if a situation to decide whether activities have crossed a line between preparing for and attempting to commit a crime. In this situation, the Court determined that Bernie's actions did not cross over from preparing to "immediately" seeking to accomplish a crime. There is no crime of preparing for theft. His conviction was set aside..
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The Ontario judge hearing the case found that the kennel did not take reasonable steps to secure the fence – the visual inspections were not enough to prevent escapes. Dr. Do-Little agreed that the mower could loosen boards, therefore he should have inspected more thoroughly. The court found the kennel failed in its standard of care, breaching the contract. Therefore, the kennel could not rely on the waiver to defend against the claim. The kennel had to pay for replacing Fido, the telephone expenses and for pain and suffering. The court denied the claim for expenses related to the Hawaii vacation. The pain and suffering award was unusual, as it allows that under appropriate circumstances, awards can be made for mental distress in regard to people’s relationships with their pets.
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The Court agreed that there could be other possible explanations for why Carol's house was targeted, and that it was not able to be shown conclusively that the newspaper pile led to the break-in. However, the Court held that the cause of a loss did not need to be shown conclusively. Questions of fact could be answered by common sense. On the evidence before the Court, the pile of newspapers was the most probable reason why her house was targeted. It was held to be the cause of the break-in. The Judge added that it is reasonable to anticipate losses such as Carol's if newspapers are permitted to pile up. A pile would be an invitation to criminals that a home was unoccupied. Carol was successful.
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Case No. 29 - THE PERPETUAL STUDENT!
Brenda
was successful in getting child support from Richie. She now receives
support from both Dan and Richie. The court required Richie to pay child
support because Richie had stood in the place of a parent for the children
for so long. Since the children had become accustomed to a certain
standard of living, the court ordered that Richie had to pay child support
to Brenda in addition to the support she received from Dan so the children
could maintain the standard of living they were used to.
The above is an example of the child support obligations of spouses who
stand in the place of a parent to children that are not biologically
theirs. These situations are always fact specific. If you have a similar
situation to that outlined above it is recommended that you obtain legal
advice to determine your rights in your particular situation.
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The Judge disagreed that the two sections of
the act were working against each other in the circumstances.
He
felt that a hunter cannot abandon all reason or care in blind pursuit of a
wounded animal. A hunter must act reasonably according to the
circumstances,
Here, the Judge ruled that no urgency existed
that prevented the pair from trying contact the owner of the land prior to
trespassing over it.
After
that modest amount of "due diligence," then they may have been acting
reasonably in attempting to retrieve the moose.
Jimbo
was convicted the offence.
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