In what circumstances will a defendant be struck from the pleadings of impaired driving?
British Columbia, Canada
The following excerpt is from Rezai v Uddin, 2017 BCSC 1746 (CanLII):
In Wilson v. Lind, (1985) 35 C.C.L.T. 95, O’Brien J. struck from the pleadings allegations of prior or subsequent impaired driving by the defendant. The application was brought on the basis that the allegations were prejudicial, scandalous or an abuse of process, a rule akin to our R. 9-5(1). At paragraph 12 the court held the following: Our Courts have held for a long time, and for good reason, that prior negligence of a party is generally irrelevant to proof of subsequent negligence. …
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