Jablonowski v. Hall, 2015 SKPC 5

• Judge: Demong, P.C.J.
• Court: Provincial Court of Saskatchewan (Canada)
• Case Date: January 08, 2015
• Jurisdiction: Saskatchewan
• Citations: 2015 SKPC 5;(2015), 464 Sask.R. 290 (PC)

Jablonowski v. Hall (2015), 464 Sask.R. 290 (PC)

MLB headnote and full text

Temp. Cite: [2015] Sask.R. TBEd. JA.019

Eugeniusz Jablonowski v. Logan Hall

(442/14; 2015 SKPC 5)

Indexed As: Jablonowski v. Hall

Saskatchewan Provincial Court

Civil Division

Demong, P.C.J.

January 8, 2015.

Summary:

The plaintiff sued the defendant for damages to his motor vehicle ($700 insurance deducible). The plaintiff claimed that his vehicle was damaged when hit by rocks and gravel as he passed the defendant who was using a tractor and cutter to cut down weeds in the centre of the highway.

The Saskatchewan Provincial Court allowed the action.

Evidence - Topic 7003.2

Opinion evidence - Expert evidence - General - When expert evidence required - The Saskatchewan Provincial Court opined that expert evidence was not required in each and every case in which standard of care was to be determined - The jurisprudence made it clear that expert evidence on the issue of any given standard of care need not be provided unless the finder of fact was unlikely to reach the correct conclusion without the assistance of an expert to assist on technical matters outside of the ordinary scope of the court's experience and understanding - See paragraphs 30 to 33.

Torts - Topic 50.05

Negligence - Standard of care - Particular persons or relationships - Roadside lawnmowers -The plaintiff sued the defendant for damages to his motor vehicle, after his vehicle was hit by rocks and gravel as he passed the defendant who was using a tractor and cutter to cut down weeds in the centre of the highway - The Saskatchewan Provincial Court allowed the action - The damage occurred as claimed - The defendant, as an operator of agricultural equipment on or near a public highway, owed a general duty of care to other users of the public highway - The defendant breached the standard of care required of a reasonably prudent and careful operator of this machinery in the immediate vicinity of other users of the highway.

Cases Noticed:

DesBrisay v. Canadian Government Merchant Marine Ltd., [1941] S.C.R. 230, refd to. [para. 29].

R. v. Mohan, [1994] 2 S.C.R. 9; 166 N.R. 245; 71 O.A.C. 241; 114 D.L.R.(4th) 419, refd to. [para. 30].

Krawchuk v. Scherbak et al. (2011), 279 O.A.C. 109; 106 O.R.(3d) 598; 2011 ONCA 352, refd to. [para. 33].

Counsel:

Peter Jablonowski, for the plaintiff;

Howard Hall, for the defendant.

This matter was heard in Regina, Saskatchewan, before Demong, P.C.J., of the Saskatchewan Provincial Court, who delivered the following decision on January 8, 2015.