Does a learned trial judge have an overriding duty to prevent a collision?
Saskatchewan, Canada
The following excerpt is from Reed v. Machmer, 1991 CanLII 7641 (SK QB):
In the instant case, the learned trial judge's findings of fact are reasonable and, therefore, only the findings of law are to be reviewed. The learned trial judge determined that the appellant had an overriding duty to anticipate the respondent's actions, including a violation of a statute, and act to prevent a collision. This is contrary to the decision in Boxenbaum v. Wise, 1944 CanLII 40 (SCC), [1944] 4 D.L.R. 199; [1944] S.C.R. 292 (S.C.C.) where the court determined that a person driving upon a highway may assume that others will act in conformity with their statutory duties and may therefore govern their actions accordingly.
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