Dube v. Labar, [1986] 1 S.C.R. 649 (1986)

Extract

---

Dube v. Labar, [1986] 1 S.C.R. 649 (1986)

Dube v. Labar, [1986] 1 S.C.R. 649

Gregory Dube Appellant;

and

Robert Labar Respondent.

File No.: 17672.

1985: January 31; 1986: May 1.

Present: Estey, McIntyre, Chouinard, Wilson and Le Dain JJ.

on appeal from the court of appeal for the yukon territory

Torts -- Negligence -- Volenti non fit injuria -- Passenger riding in car driven by driver known by him to have been drinking -- Injuries sustained in accident -- Whether or not defence of volenti non fit injuria available.

Trial -- Charge to jury -- Allegation of negligence -- Defences of volenti non fit injuria and contributory negligence -- Possibility of jury's being confused by charge -- Whether or not new trial should be ordered.

Appellant, a passenger in a car driven by respondent, was injured when it turned over. Both had been drinking the night before and on the day of the accident, and it appeared that respondent had been drinking in the car as a passenger. Respondent took over as driver when appellant could not start the car after stopping to pick up two hitchhikers. Appellant got into the car as a passenger after a short exchange in which respondent asserted that he was capable of driving. The accident occurred shortly thereafter. The car veered as respondent turned to speak to a hitchhiker in the back seat. Appellant attempted to grab the wheel and straighten out the car's course but his attempts eventually resulted in the car's overturning.

At trial, the defences of volenti non fit injuria and contributory negligence were put to the jury. This appeal was from a judgment of the Yukon Court of Appeal, which found the charge to the jury to be adequate and dismissed plaintiff's appeal from the jury's verdict barring his negligence claim by operation of the volenti principle. The appeal also concerned the appellate court's deference to a jury's verd...

See the full content of this document

---