In Aberdeen v. Langley (Township of) et al., 2006 BCSC 1980, Groves J. found that the only issues before the court, namely liability, damages, and the credibility of the witnesses, were neither novel nor complex for British Columbia juries. The plaintiff in that case was riding her bicycle downhill in Langley Township through a series of “S” curves when one of the defendants allegedly crossed the centre line with their vehicle, causing the plaintiff to take evasive action and fall down an embankment. Besides alleging the driver’s negligence, the plaintiff took action against the Township, claiming that there was a gap in the restraints along the roadway where she fell, and thus a breach of a duty of care. Groves J. succinctly stated the various simple questions that a jury would have to answer in relation to these facts and the claims of negligence, as well as in relation to contributory negligence and the various heads of damages, and found that none of them were so complex that “juries are not required regularly in British Columbia to make determinations on them.” I note that the trial for that matter was set for 25 days.
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