How have the courts in B.C. dealt with the issue of negligence in a motor vehicle accident case?

British Columbia, Canada


The following excerpt is from Lemaire v. Ashabi et al, 2003 BCCA 527 (CanLII):

The only issue at trial was the liability of the appellant. Applying the principles set out in Fontaine v. B.C.(Official Administrator), 1998 CanLII 814 (SCC), [1998] 1 S.C.R. 424, the trial judge concluded that the respondents had established, on the balance of probabilities, a prima facie case of negligence, which was not negated by the evidence presented by the appellant.

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