D’Amici v. Fahy, 2020 BCCA 89
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Bennett,The Honourable Mr. Justice Willcock,The Honourable Mr. Justice Goepel |
| Citation | 2020 BCCA 89 |
| Date | 13 March 2020 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA45498 |
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14 practice notes
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Borgford v. Ball,
...has been applied where the through driver was speeding. [60] Recently D’Amici v. Fahy, 2020 BCCA 89, affirmed that excessive speed on the part of the dominant driver, even if blameworthy, does not lead to liability unless the speed prevented them f......
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Petes v. Petersen,
...analysis, a breach of a provision “does not in and of itself give rise to a cause of action”: D’Amici v. Fahy, 2020 BCCA 89 at [54] In this case, the relevant provisions of the MVA concerning rights of way are: s. 186, whic......
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2023 BCSC 779,
...analysis, a breach of a provision “does not in and of itself give rise to a cause of action”: D'Amici v. Fahy, 2020 BCCA 89 at para. 78 Section 144(1) provides: 144(1) A person must not drive a motor vehicle on a highway (a) without due care and attention, (b) without rea......
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Jones v. Dillistone,
...amount to negligence “unless the excess speed prevents [the driver] from taking reasonable steps to avoid the collision” (D’Amici v. Fahy, 2020 BCCA 89 at para. [60] The plaintiff has failed to prove that the defendant could have brought his vehicle to a safe and controlled stop at 40 km/h ......
Request a trial to view additional results
14 cases
-
Borgford v. Ball,
...has been applied where the through driver was speeding. [60] Recently D’Amici v. Fahy, 2020 BCCA 89, affirmed that excessive speed on the part of the dominant driver, even if blameworthy, does not lead to liability unless the speed prevented them f......
-
Petes v. Petersen,
...analysis, a breach of a provision “does not in and of itself give rise to a cause of action”: D’Amici v. Fahy, 2020 BCCA 89 at [54] In this case, the relevant provisions of the MVA concerning rights of way are: s. 186, whic......
-
2023 BCSC 779,
...analysis, a breach of a provision “does not in and of itself give rise to a cause of action”: D'Amici v. Fahy, 2020 BCCA 89 at para. 78 Section 144(1) provides: 144(1) A person must not drive a motor vehicle on a highway (a) without due care and attention, (b) without rea......
-
Jones v. Dillistone,
...amount to negligence “unless the excess speed prevents [the driver] from taking reasonable steps to avoid the collision” (D’Amici v. Fahy, 2020 BCCA 89 at para. [60] The plaintiff has failed to prove that the defendant could have brought his vehicle to a safe and controlled stop at 40 km/h ......
Request a trial to view additional results