When there is no risk of danger under section 3 of the Rules of Civil Procedure (3) of the Criminal Code, does a plaintiff have to prove that he was aware of the risk to himself?

British Columbia, Canada


The following excerpt is from Barreda v. Butchart Gardens Ltd., 2002 BCSC 508 (CanLII):

In Samis v. Vancouver, [1989] B.C.J. No. 262 the Court of Appeal of British Columbia, in discussing subsection (3), stated that what must be shown by the defendant is that the plaintiff had sufficient knowledge of the nature of the terrain and the hazard it presented so that the plaintiff could recognize and appreciate the danger: "only with such knowledge could it be said that he willingly accepted the risks of the danger as his own risks". Accepting that interpretation and application of subsection (3), I conclude that there was no risk of danger, as in Samis, supra, and in addition, the plaintiff had knowledge of the premises.

Other Questions


What is the impact of Rule 37B of the BC Rules of Civil Procedure and Procedure on Rule 37 B of the Rules of Procedure? (British Columbia, Canada)
Does section 25 of the Criminal Code provide a defence to both civil and criminal liability if the force was justified within the meaning of that section? (British Columbia, Canada)
Can a plaintiff claim lump sum costs under Rule 66(29) of the Rules of Civil Procedure under Rule 37? (British Columbia, Canada)
What is the scope of jurisdiction of the Court of Appeal under section 31 of the Rules of Civil Procedure (BCCA 17) of the Criminal Code? (British Columbia, Canada)
Does the BCSC need to approve the proposed amendments to the Rules of Civil Procedure and Procedure to the rules of procedure? (British Columbia, Canada)
What is the relevance of Rule 11‑6(4) of the Rules of Civil Procedure and Procedure requiring a physical examination? (British Columbia, Canada)
What is the effect of Rule 37B of the Canadian Rules of Civil Procedure and Procedure on the duration and expense of litigation? (British Columbia, Canada)
What is the effect of section 29(1) of the Criminal Code Act, section 46 of the Civil Rights Act? (British Columbia, Canada)
Can a plaintiff proceed by petition under Rule 10(1) of the BC Rules of Civil Procedure to determine whether there were implied terms as alleged? (British Columbia, Canada)
What is the test for proportionality under Rule 1-3(2) of the Rules of Civil Procedure and Procedure? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.