What is the legislative solution to the issue of personal injury compensation for wrongdoers?

It may be that the legislative solution proposed by Mr. Justice Murphy in Jackson v. Harrison may, in the end, provide the most satisfactory way of dealing with this problem. Where the legislature says that a wrongdoing plaintiff, in certain circumstances, cannot recover damages for injuries received in the course of his wrongdoing, the focus is on the question of whether the plaintiff's own turpitude is of a type that is inconsistent with compensation. Where the legislature says or implies that in other circumstances the plaintiff's wrongdoing would not bar his claim, the courts would be left to determine the appropriate standard of care owed by a reasonable person to a wrongdoer. That flexibility would tend to produce, over time, both predictability and substantial justice.

This is a motor vehicle accident case. So was Mack v. Enns, the decision which is binding on this division of the court. In applying the principle about barring recovery of damages by a wrongdoing plaintiff to the facts of this case, I would not take the principle further than it was taken in the ratio decidendi of Mack v. Enns, as I have set out.