What is the test for determining whether a defendant was negligent in a motor vehicle accident that occurred in icy conditions?

British Columbia, Canada


The following excerpt is from Caldwell v. Ignas, 2007 BCSC 1228 (CanLII):

The defendant relies on this court making a similar finding of fact as was found by Madam Justice Russell. The defendant submits that in Nason v. Nunes, the court considers similar facts to determine that a defendant was not negligent for an accident that occurred in icy conditions and that the accident occurred in a location where black ice was present in a shady area of Highway 16. The defendant stresses that in circumstances of black ice, non-negligence factors, such as braking, accelerating and turning may cause skidding.

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