Supreme Court

Decision Information

Izzard Estate v Robinson's Trucking Ltd.

Court Supreme Court
Date 1994-06-21
File numbers CV 00321, CV 00352, CV 00353
Judge(s) de Weerdt
Location Yellowknife
Cases and statutes considered Statutes considered:
CONTRIBUTORY NEGLIGENCE ACT, R.S.N.W.T. 1974, c. C-13
VEHICLES ACT, R.S.N.W.T. 1974, c. V-2 (as amended)
WORKERS COMPENSATION ACT, S.N.W.T. 1977 (1st) c.7
Decision information:

Abstract: The issue to be determined was whether the Defendant Lyle was negligent in his driving, and if so, did his negligence cause or contribute to causing the collision which resulted in the death of the Plaintiffs Izzard and Wilson. The issue of damages will only require consideration if the Defendant, on the balance of probabilities, is found to have been negligent and the said negligence caused or contributed to the collision.
Decision: There was insufficient evidence to support a finding of negligence on the part of the Defendant Lyle. The test was on the balance of probabilities. As there was no finding of negligence, there was no need to consider the issue of damages. The action of the Plaintiffs is dismissed.
Subjects: Torts
Keywords: Damages
Negligence

Decision Content

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