Does a plaintiff have been debarred from succeeding in an action for breach of statutory duty on the ground of contributory negligence?
Saskatchewan, Canada
The following excerpt is from Doyle v. Canadian Northern Railway Company, 1918 CanLII 299 (SK QB):
I an unable to find any Canadian case since Groves v. Wimborne (Lord), supra, in which a plaintiff was debarred from succeeding in an action for breach of statutory duty on the ground of contributory negligence except where such negligence severed the causal connection between the defendant’s breach of duty and the accident, and was held to be the sole cause of the accident.
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