Formaniuk v. St. Denis, (1984) 32 Man.R.(2d) 35 (QB)

• Judge: Glowacki, J.
• Court: Court of Queen's Bench of Manitoba (Canada)
• Case Date: November 20, 1984
• Jurisdiction: Manitoba
• Citations: (1984), 32 Man.R.(2d) 35 (QB)

Formaniuk v. St. Denis (1984), 32 Man.R.(2d) 35 (QB)

MLB headnote and full text

Formaniuk v. St. Denis and Carriere

(Suit No. 2880/82)

Indexed As: Formaniuk v. St. Denis

Manitoba Court of Queen's Bench

Glowacki, J.

November 20, 1984.

Summary:

The defendant driver of a slow-moving truck was driving along the right shoulder of a road and commenced a left turn without any warning or signal. The plaintiff driver was in the process of passing the slow-moving vehicle and collided with it, totalling the plaintiff's vehicle and injuring the plaintiff. The plaintiff brought an action in negligence for damages. The quantum of general damages for personal injury was not in issue, leaving only liability and the quantum of certain special damages to be determined.

The Manitoba Court of Queen's Bench held that the defendant was negligent and 100% at fault for the accident and awarded damages accordingly.

Torts - Topic 428

Negligence - Motor vehicle - Rules of the road - Overtaking - Duty of driver being overtaken - Slow-moving vehicle - The Manitoba Court of Queen's Bench held that the driver of a slow-moving vehicle was negligent and 100% at fault for an accident which occurred when the driver, after proceeding for a distance along the right shoulder of the roadway, turned left without warning or signal into the path of an overtaking vehicle - See paragraphs 1 to 9.

Torts - Topic 533

Negligence - Motor vehicle - Signals and warnings - Horn - Overtaking another vehicle - The Manitoba Court of Queen's Bench held that an overtaking driver was not negligent for failing to sound his horn while passing a slow-moving vehicle which turned suddenly and without warning across the overtaking driver's path, where there was nothing to cause a reasonable person to suspect that the vehicle was about to turn - See paragraphs 10 to 12.

Cases Noticed:

Young v. Hicks Construction Ltd. and Boudreau (1982), 41 N.B.R.(2d) 348; 107 A.P.R. 348 (Q.B.T.D.), refd to. [para. 14].

Thomas v. Leonard and Fleming Industries Limited (1978), 22 N.B.R.(2d) 181; 39 A.P.R. 181, refd to. [para. 14].

McIntosh v. LeBlanc (1982), 37 N.B.R.(2d) 109; 97 A.P.R. 109 (Q.B.T.D.), refd to. [para. 14].

Hurley v. Olah and Saskatchewan Government Insurance Office (No. 281) (1980), 5 Sask.R. 417, refd to. [para. 14].

McCrady v. James (1974), 5 Nfld. & P.E.I.R. 67, refd to. [para. 14].

Aucoin v. Lemieux and Lemieux (1982), 37 N.B.R.(2d) 386; 97 A.P.R. 386 (Q.B.T.D.), refd to. [para. 14].

McDow and McDow v. Neaves (1979), 33 N.S.R.(2d) 591; 57 A.P.R. 591, refd to. [para. 14].

Gutka and Gutka v. Ruszkowski and Ruszkowski (No. 232) (1982), 16 Sask.R. 117, refd to. [para. 14].

Workmen's Compensation Board v. Hoyt (1973), 6 N.B.R.(2d) 859, refd to. [para. 14].

Palamaruk v. Eliason (1982), 33 A.R. 404, refd to. [para. 14].

Saulter and Irving Oil Limited v. Cote Estate and Bujold (1984), 49 N.B.R.(2d) 124; 129 A.P.R. 124 (C.A.), refd to. [para. 14].

Manitoba Public Insurance Corporation v. Trott, Hec-Way Limited and Burton, [1982] Man. D. 3711-01; 25 Man.R.(2d) 1, refd to. [para. 14].

Statutes Noticed:

Highway Traffic Act, R.S.M. 1970, c. H-60; C.C.S.M., c. H-60, sect. 33(1)(a), sect. 33(1)(b), sect. 33(1)(c), sect. 116(1)(a), sect. 116(1)(b), sect. 116(1)(c), sect. 116(2) [para. 7]; sect. 42(1) [para. 11]; sect. 103(4)(a), sect. 103(4)(b), sect. 103(5)(a), sect. 103(5)(b), sect. 103(5)(c), sect. 103(5)(d), sect. 168(1) [para. 8]; sect. 105(1)(a), sect. 105(1)(b) [para. 10]; sect. 105(2) [para. 13]; sect. 112(8), sect. 115(2)(a), sect. 115(2)(b) [para. 6].

Counsel:

Lawrence Greenberg, for the plaintiff;

G.T. Campbell, for the defendant Mark Robert St. Denis.

This case was heard before Glowacki, J., of the Manitoba Court of Queen's Bench, who delivered the following decision on November 20, 1984: