What is the test for dismissing an action for reckless driving?
Saskatchewan, Canada
The following excerpt is from Cowper v. Studer, 1950 CanLII 177 (SK CA):
But, even if counsel’s contention be correct, it would only mean that the implied finding, that the defendant in driving did not have a reckless disregard of consequences, negatived gross negligence and wilful and wanton misconduct. That would be a contradiction of the finding made in the answer to the first question. In my view it would be impossible to dismiss the action on the answers so found. The best that the defendants could hope for would be an order for a hew trial. See Service v. Sundell (1929) 99 LJKB 55, 46 TLR 12. But counsel has said that he does not want this.
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