Dyke v. Amateur Softball Assoc., [2005] B.C.T.C. 1422 (SC)
| Judge | Wong, J. |
| Court | Supreme Court of British Columbia (Canada) |
| Case Date | October 14, 2005 |
| Jurisdiction | British Columbia |
| Citations | [2005] B.C.T.C. 1422 (SC);2005 BCSC 1422 |
Dyke v. Amateur Softball Assoc., [2005] B.C.T.C. 1422 (SC)
MLB headnote and full text
Temp. Cite: [2005] B.C.T.C. TBEd. NO.001
Marena Dyke (plaintiff) v. British Columbia Amateur Softball Association and British Columbia Amateur Softball Association carrying on business variously as Softball BC, Softball B.C. or Softball City (defendants)
(S032572; 2005 BCSC 1422)
Indexed As: Dyke v. British Columbia Amateur Softball Association et al.
British Columbia Supreme Court
Vancouver
Wong, J.
October 14, 2005.
Summary:
This headnote contains no summary.
Torts - Topic 17
Negligence - Standard of care - Sports and games - See paragraphs 13 to 37.
Torts - Topic 3574
Occupiers' liability or negligence for dangerous premises - Negligence of occupier - Standard of care (incl. evidence) - See paragraphs 13 to 37.
Torts - Topic 3703
Occupiers' liability or negligence for dangerous premises - Invitees - General - Standard of care of invitee - See paragraphs 38 to 46.
Torts - Topic 3712
Occupiers' liability or negligence for dangerous premises - Invitees - Liability of particular occupiers (incl. duty and standard of care) - Recreational and sports arenas or facilities - See paragraphs 13 to 37.
Counsel:
R. Brian Webster and Daniel F. Corrin, for the plaintiff;
Janis D. McAfee and Katherine S. Fast, for the defendants.
This action was heard on March 21-24, 2005, before Wong, J., of the British Columbia Supreme Court, who delivered the following decision on October 14, 2005.
Please note: The following judgment has not been edited.
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...at section 3. 8 [1991] 2 SCR 456 at para 33, [1991] SCJ No 55. 9Miltenberg v Metro Inc, 2012 ONSC 1063 at para 33, [2012] OJ No 662. 10 2005 BCSC 1422, [2005] BCJ No 2187; upheld 2008 BCCA 76, BCLR (4th) 278. 11Ibid at para 15. 12 Ibid at paras 39, 46-50. 13 Cherniak, Linden, Klar, Kryworuk......
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Dyke v. British Columbia Amateur Softball Association, (2008) 250 B.C.A.C. 70 (CA)
...beside the dugout along the first-base line, protected only by a four-foot-high steel mesh fence. [4] The judge dismissed the action: 2005 BCSC 1422. He found that there were other completely safe alternative locations available to her, and that on providing safe alternatives, the defendant......
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Rivers v. North Vancouver (District), 2020 BCSC 1050
...areas to minimize the danger posed by foul balls leaving the field of play: Dyke v. British Columbia Amateur Softball Association, 2005 BCSC 1422 at para. 13, aff’d 2008 BCCA 8. That was done in this case by the District. [63] The plaintiff alleges that the fencing was inadequate, and also ......
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Dyke v. British Columbia Amateur Softball Association, (2008) 250 B.C.A.C. 70 (CA)
...beside the dugout along the first-base line, protected only by a four-foot-high steel mesh fence. [4] The judge dismissed the action: 2005 BCSC 1422. He found that there were other completely safe alternative locations available to her, and that on providing safe alternatives, the defendant......
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Rivers v. North Vancouver (District), 2020 BCSC 1050
...areas to minimize the danger posed by foul balls leaving the field of play: Dyke v. British Columbia Amateur Softball Association, 2005 BCSC 1422 at para. 13, aff’d 2008 BCCA 8. That was done in this case by the District. [63] The plaintiff alleges that the fencing was inadequate, and also ......
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Fans Beware: The Risks Of Watching Your Favourite Athletes*
...at section 3. 8 [1991] 2 SCR 456 at para 33, [1991] SCJ No 55. 9Miltenberg v Metro Inc, 2012 ONSC 1063 at para 33, [2012] OJ No 662. 10 2005 BCSC 1422, [2005] BCJ No 2187; upheld 2008 BCCA 76, BCLR (4th) 278. 11Ibid at para 15. 12 Ibid at paras 39, 46-50. 13 Cherniak, Linden, Klar, Kryworuk......