What is the test for gross negligence in motor vehicle accident law?
Alberta, Canada
The following excerpt is from Marcoux v. Martineau, 1987 CanLII 3385 (AB QB):
A leading case on gross negligence is McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] S.C.R. 141, [1942] 2 D.L.R. 179 [N.S.]. At p. 145 Chief Justice Duff spoke of conduct “in which . . . there is a very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves”.
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