Can a gas line anti-freeze put in the pocket of a police officer be considered an accident?

Alberta, Canada


The following excerpt is from Decision No.: 2008-716, 2008 CanLII 85803 (AB WCAC):

In Buckley v. Entz, the court interprets the definition of accident such that only acts which have been undertaken with the intent of causing damage to another person fall within the exclusion. Thus, Buckley, who may have been deliberate in driving while impaired, was not shown to have intentionally driven into the police cruiser, and therefore continued to come within the ambit of the statutory definition of accident. From this analysis, the commissioners understand the court to be directing that in considering whether the appellant’s conduct of putting gas line anti-freeze in the respondent’s pocket comes within the definition of “accident”, the commissioners must determine whether the conduct was intended to cause the accident or the damage. Demonstrating that the pouring of gas line anti-freeze was a deliberate act of the appellant is not sufficient to remove him from the statutory definition of accident.

Other Questions


In a motor vehicle accident case where the victim is not dead but still exists, is there any case law that supports the presumption that the accident victim’s death is not an accident? (Alberta, Canada)
Does the voluntariness of a statement by a police officer in a sexual assault case apply? (Alberta, Canada)
Can a returning officer on a Metis settlement consider their residence as a place for filing or making inquiries? (Alberta, Canada)
How have courts interpreted the proviso of an accident policy in respect of death by accident or violence? (Alberta, Canada)
Can intent be considered as part of the risk analysis in a motor vehicle accident case? (Alberta, Canada)
Can a detainee refuse to contact legal aid after informing the attending police officer that he is unable to contact his own lawyer? (Alberta, Canada)
What is the effect of a police officer’s failure to follow the Bill of Rights when requesting a breath sample? (Alberta, Canada)
What is the standard of conduct of a police officer in an assault case? (Alberta, Canada)
Can a newsman who has a confidential relationship with a police officer be sued for breach of privilege over the disclosure of confidential information? (Alberta, Canada)
Can a police officer make a roadside breath demand under section 254(2) of the Criminal Code? (Alberta, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.