Belair v. Thiessen and Thiessen (C.E.) & Sons Ltd., (1983) 29 Sask.R. 224 (QB)

• Judge: Geatros, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: November 16, 1983
• Jurisdiction: Saskatchewan
• Citations: (1983), 29 Sask.R. 224 (QB)

Belair v. Thiessen (1983), 29 Sask.R. 224 (QB)

MLB headnote and full text

Belair v. Thiessen and C.E. Thiessen & Sons Ltd.

(No. 2510 A.D. 1982)

Indexed As: Belair v. Thiessen and Thiessen (C.E.) & Sons Ltd.

Saskatchewan Court of Queen's Bench

Judicial Centre of Regina

Geatros, J.

November 16, 1983.

Summary:

Belair was driving an automobile and trailer along the highway. Thiessen was following Belair in a truck and semi-trailer. Belair pulled over on to the paved shoulder to allow Thiessen to pass. The wheel of Belair's trailer got caught in the gravel at the edge of the pavement, causing Belair's trailer to roll over. Belair claimed against Thiessen for damages to the trailer.

The Saskatchewan Court of Queen's Bench dismissed Belair's claim.

Torts - Topic 276

Negligence - Breach of statute - Requirement that breach caused damage - Belair, who was driving an automobile and trailer, pulled on to the paved shoulder to allow Thiessen to pass - The wheel on Belair's trailer got caught in gravel causing the trailer to roll over - Thiessen pleaded guilty to a charge under the Vehicles Act of passing illegally - Belair argued that because of the statutory breach, Thiessen was negligent and liable for damages - The Saskatchewan Court of Queen's Bench dismissed Belair's claim - The court stated that for the statutory breach to be relevant it must have caused the accident - See paragraphs 9, 10.

Torts - Topic 427

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of overtaking driver - Belair was driving an automobile and trailer along the highway - Thiessen was following Belair in a truck and semi-trailer - Belair pulled over onto the paved shoulder to allow Thiessen to pass - The wheel of Belair's trailer got caught in the gravel at the edge of the pavement causing Belair's trailer to roll over - Belair claimed against Thiessen for damages to the trailer - The Saskatchewan Court of Queen's Bench dismissed Belair's claim - The court found that in the circumstances Thiessen was not negligent because the accident was due to Belair's miscalculation - See paragraphs 1 to 8.

Cases Noticed:

Beaumont v. Ruddy, [1932] O.R. 441, consd. [para. 6].

Goodkey Transport v. Bridgeview Transport Limited (1956-57), 20 W.W.R.(N.S.) 141, appld. [para. 6].

Saskatchewan Wheat Pool v. Government of Canada (1983), 45 N.R. 425, appld. [para. 9].

Luck v. Toronto Railway (1920), 48 O.L.R. 581, appld. [para. 10].

Statutes Noticed:

Vehicles Act, R.S.S. 1978, c. V-3, generally [para. 9]; sect. 144(1)(c) [para. 3].

Counsel:

David A. Gerrand, for the plaintiff;

Myron A. Kuziak, for the defendants.

This case was heard before Geatros, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Regina, who delivered the following judgment on November 16, 1983: