What is the error of a learned trial judge in failing to consider whether there was an unexpected and not reasonably foreseeable presence of black ice?
British Columbia, Canada
The following excerpt is from Durant v. Lennard, 2001 BCCA 449 (CanLII):
In my respectful view, the error of the learned summary trial judge was in failing to consider whether there was "the unexpected and not reasonably foreseeable presence of black ice," as the issue was expressed by Hinds J.A. in Atherton v. Maurice, [1998] B.C.J. No. 575, (B.C.C.A.), para. 14.
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