What is the authority on contributory negligence in motor vehicle accidents?

British Columbia, Canada


The following excerpt is from Watson v. Monfils et al., 1999 BCCA 312 (CanLII):

Tucker v. Asleson is a significant authority with respect to contributory negligence in motor vehicle collisions. Firstly, it deals with the position of this court when an appeal dealing with contributory negligence in motor vehicle accidents. At page 192 after an extensive review of earlier authorities, Southin J.A. said: I conclude that, if there is no issue of credibility, using that word in its broadest sense of encompassing accuracy as well as honesty of the witnesses, an appellate court may determine whether a motorist was, on the facts as found, in breach of his duty of care. In this case, there is no issue of credibility. The appellant's position is that, on the facts as found, the trial judge erred in finding no contributory negligence.

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