Irvin (Dick) Inc. et al. v. Bauck, (2004) 251 Sask.R. 300 (QB)

• Judge: Klebuc, J.
• Court: Court of Queen's Bench of Saskatchewan (Canada)
• Case Date: July 05, 2004
• Jurisdiction: Saskatchewan
• Citations: (2004), 251 Sask.R. 300 (QB);2004 SKQB 302

Irvin Inc. v. Bauck (2004), 251 Sask.R. 300 (QB)

MLB headnote and full text

Temp. Cite: [2004] Sask.R. TBEd. JL.052

Dick Irvin Inc. and Peter Sorensen (plaintiffs) v. Roderick Bauck (defendant)

Roderick Bauck (defendant/plaintiff by counterclaim) v. Peter Sorensen (plaintiff/defendant by counterclaim)

(2002 Q.B.G. No. 770; 2004 SKQB 302)

Indexed As: Irvin (Dick) Inc. et al. v. Bauck

Saskatchewan Court of Queen's Bench

Judicial Centre of Saskatoon

Klebuc, J.

July 5, 2004.

Summary:

The defendant Bauck was driving his tractor-trailer unit in an easterly direction along a highway when he experienced engine difficulties. He drove his unit onto the highway's right hand shoulder. Later that evening, the plaintiff Sorensen was driving his tractor-trailer in an easterly direction behind another tractor-trailer. The right side of the Sorensen tractor-trailer struck the rear left corner of the Bauck tractor-trailer, causing extensive damage to both trailers. Sorensen sued Bauck in negligence for damages. Bauck counterclaimed against Sorensen.

The Saskatchewan Court of Queen's Bench allowed the action in part. The court apportioned 40% of the damages to the negligence of Bauck. The court adjourned the counterclaim sine die.

Torts - Topic 376

Negligence - Motor vehicle - Standard of care of driver - Keeping a proper lookout - The defendant Bauck was driving his tractor-trailer unit in an easterly direction along a highway when he experienced engine difficulties - He drove his unit onto the highway's right hand shoulder - Later that evening, the plaintiff Sorensen was driving his tractor-trailer in an easterly direction behind another tractor-trailer - The Sorensen tractor-trailer struck the Bauck tractor-trailer, causing extensive damage to both trailers - Sorensen sued Bauck in negligence for damages - The Saskatchewan Court of Queen's Bench apportioned 40% of the damages to the negligence of Bauck - The court held that Bauck breached the duty of care contemplated by s. 40 of the Highway Traffic Act by failing to park his tractor-trailer as far right as possible from the centre of the highway and by failing to warn oncoming traffic by placing a reflector behind his trailer - However, Sorensen breached a reasonable standard of care by following a large tractor-trailer so closely that it partially obstructed his visibility and for failing to keep a proper lookout.

Torts - Topic 382

Negligence - Motor vehicle - Standard of care of driver - Travelling too close to vehicles ahead (tailgating) - [See Torts - Topic 376 ].

Torts - Topic 500

Negligence - Motor vehicle - Parking or stopping - On highway - [See Torts - Topic 376 ].

Torts - Topic 527

Negligence - Motor vehicle - Signals and warnings - Stopping on highway - [ See Torts - Topic 376 ].

Cases Noticed:

Brooks v. Ward, [1956] S.C.R. 683, refd to. [para. 12].

Frasz Estate, Frasz and Frasz v. Janzen (1981), 10 Sask.R. 443 (Q.B.), refd to. [para. 12].

Kosinski v. Snaith, [1983] 6 W.W.R. 197; 25 Sask.R. 73; 1 D.L.R.(4th) 170 (C.A.), refd to. [para. 12].

Lungen v. Roy, [1972] M.J. No. 58 (Q.B.), refd to. [para. 12].

Esliger v. Grant et al. (1980), 31 N.B.R.(2d) 546; 75 A.P.R. 546, refd to. [para. 12].

Athey v. Leonati et al., [1996] 3 S.C.R. 458; 203 N.R. 36; 81 B.C.A.C. 243; 132 W.A.C. 243, refd to. [para. 13].

Authors and Works Noticed:

Fridman, G.H.L., The Law of Torts in Canada (1989), pp. 287 to 289 [para. 9].

Counsel:

Chad M. Haaf, for the plaintiff, Sorensen;

Tamara M. Harasen, for the defendant, Bauck.

This action was heard by Klebuc, J., of the Saskatchewan Court of Queen's Bench, Judicial Centre of Saskatoon, who delivered the following decision on July 5, 2004.