Scott v. Grimshaw Trucking & Distributing Ltd. and Fortin, (1981) 32 A.R. 133 (NWTSC)

• Judge: Tallis, J.
• Court: Supreme Court of Northwest Territories (Canada)
• Case Date: January 15, 1981
• Jurisdiction: Northwest Territories
• Citations: (1981), 32 A.R. 133 (NWTSC)

Scott v. Grimshaw Trucking (1981), 32 A.R. 133 (NWTSC)

MLB headnote and full text

Scott v. Grimshaw Trucking & Distributing Ltd. and Fortin; Grimshaw Trucking & Distributing Ltd. v. Moger and Scott

(No. 5079)

Indexed As: Scott v. Grimshaw Trucking & Distributing Ltd. and Fortin

Northwest Territories Supreme Court

Tallis, J.

January 15, 1981.

Summary:

The plaintiff claimed damages to his tow truck after it was struck during a salvage operation by the defendant's tractor-trailer. The defendant counterclaimed for damages to his vehicle.

The Northwest Territories Supreme Court found the plaintiff 75% at fault, when he failed to provide adequate warning to oncoming traffic. The defendant was 25% at fault for failing to reduce speed approaching an icy slope.

Torts - Topic 505

Negligence - Motor vehicles - Parking or stopping - Marking or warning of stopped vehicle - The Northwest Territories Supreme Court found the owner and operator of a tow truck 75% at fault for failing to provide adequate warning to oncoming traffic after it was struck by a vehicle during a salvage operation - See paragraphs 28 to 30.

Torts - Topic 463

Negligence - Motor vehicle - Speed - Where reduced speed required - Poor or obstructed visibility - The Northwest Territories Supreme Court found the driver of a tractor- trailer 25% at fault for failing to reduce speed as he approached an icy slope and striking a tow truck parked on the highway - See paragraphs 29 to 30.

Statutes Noticed:

Vehicles Ordinance, R.O.N.W.T. 1974, c. V-2, sect. 154(2) [para. 25]; sect. 178 [paras. 26, 27].

Counsel:

G. Land, for the plaintiff;

D.W. Hagg, for the defendant.

This case was heard before TALLIS, J., of the Northwest Territories Supreme Court who delivered the following judgment on January 15, 1981.