Dovell v. Saskatchewan, (1993) 118 Sask.R. 161 (ProvCt)

• Judge: Moxley, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: September 20, 1993
• Jurisdiction: Saskatchewan
• Citations: (1993), 118 Sask.R. 161 (ProvCt)

Dovell v. Sask. (1993), 118 Sask.R. 161 (ProvCt)

MLB headnote and full text

Terry Dovell (plaintiff) v. Government of Saskatchewan (Department of Highways)(defendant)

(197/93)

Indexed As: Dovell v. Saskatchewan

Saskatchewan Provincial Court

Moxley, P.C.J.

September 20, 1993.

Summary:

The plaintiff collided with a grader which was removing snow from the shoulder and a portion of the passing lane of a highway. The plaintiff claimed for his insurance de­ductible ($200), arguing that the Department of Highways and the grader operator were negligent in carrying out the snow removal operations.

The Saskatchewan Provincial Court dis­missed the claim.

Torts - Topic 6727

Defences - Consent - Assumption of risk - Implied consent - Dangerous highways - The plaintiff collided with a grader which was removing snow from the shoul­der and a portion of the passing lane of a highway - Although the grader was well lit, it created a snow cloud which rendered it invisible - The plaintiff argued that the Department of Highways and the grader operator were negligent in removing snow under the weather conditions, in failing to use a truck with a snow plow, and in failing to provide a "following vehicle" - The Saskatchewan Provincial Court held that the defendants were not negligent and that the plaintiff, in assuming the risk inherent in winter driving, did not take sufficient care to minimize the risk.

Torts - Topic 9156

Duty of care - Claims against public officials or authorities - Highway author­ities - [See Torts - Topic 6727 ].

Cases Noticed:

Snoj et al. v. Dorush and Saskatchewan (1979), 4 Sask.R. 190 (Q.B.), consd. [para. 10].

Statutes Noticed:

Highways and Transportation Act, R.S.S. 1978, c. H-3, generally [para. 8].

Counsel:

Dale K. Beck, for the defendant.

This action was heard before Moxley, P.C.J., of the Saskatchewan Provincial Court, who delivered the following judgment on September 20, 1993.