Secondly, I find it is not negligent to move the bus from a bus stop when a passenger boards when it is raining and is yet to be seated or supported by holding onto something inside the bus. To require that would not be reasonable. Reasonable prudence does not require it. Buses and other forms of public transit operate in all sorts of weather conditions, rain, snow, and ice. Passengers invariably will track moisture, snow, dirt/mud, and even ice onto the bus. I do not say that it would be reasonably prudent for a driver to move the bus regardless of the prevailing weather conditions and how that might affect the interior safety of the bus when put into motion. For instance in Visanj v. Eaton, [2006] B.C.J. No. 952 (B.C.S.C.) the bus service was found negligent when there was a pooling of water in the bus that the passenger slipped on. But each case must be assessed on its facts.
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