In what circumstances will a plaintiff be successful in her claim for misdirected transportation?
British Columbia, Canada
The following excerpt is from Devji v. District of Burnaby et al, 1999 BCCA 599 (CanLII):
In the other case, Rhodes Estate v. C.N.R. (supra), the plaintiff’s 23-year-old son was killed in a train wreck. The plaintiff was misdirected away from the scene of the accident and from the location of a memorial service for her son and others. In addition, she was shown the wrong railway car in which her son had been riding and she received his remains by mail. She became seriously and chronically depressed after enduring this unfortunate run-around. On a preliminary application, the trial court was asked to determine whether the facts, if proven, would sustain a cause of action. The plaintiff succeeded on that issue, but an appeal was allowed and this part of her claim was dismissed.
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