Court Finds Abuse of Process for Liability Denial After Careless Driving Conviction


Useful reasons for judgement were released this week by the BC Supreme Court, New Westminster Registry, finding that it is an ‘abuse of process‘ pursuant to Rule 9-5(1)(d) for a Defendant to deny the issue of liability in a personal injury lawsuit after they have been convicted of careless driving as a result of the same collision.
In this week’s case (Ulmer v. Weidmann) the Plaintiff’s husband was killed when his motorcycle was struck by a vehicle operated by the Defendant.  The Plaintiff sued for damages pursuant to the Family Compensation Act.
Following the collision the Defendant was charged with “driving without due care and attention” under section 144(1)(a) of the BC Motor Vehicle Act.  He contested this charge but ultimately was found guilty following trial in the BC Provincial Court.
The Defendant then denied fault for the crash in the Wrongful Death lawsuit and claimed the Plaintiff was partly responsible.  Mr. Justice Truscott rejected this argument and found the Defendant solely responsible for the fatal collision.  The Court went further and found that while a party convicted under s. 144(1)(a) of the Motor Vehicle Act can argue an opposing motorist is partly to blame for a crash, it is an abuse of process for the convicted party to outright deny the issue of fault.  The Court provided the following useful reasons:

[83]         In my opinion the finding of driving without due care and attention in Provincial Court was akin to a finding of negligence against Mr. Weidmann, because his manner of driving was found to have departed from the standard of a reasonable man and he failed to avoid liability by proving he took all reasonable care in the circumstances.

[84]         I agree with plaintiff’s counsel that it was an abuse of process for the defendants to deny full liability in their statement of defence as this constituted an attempt to re-litigate the findings of the Provincial Court that were necessary for Steven Weidmann’s conviction of driving without due care and attention. This was an attempt to undermine the integrity of the adjudicative process which is not to be allowed.

[85]         I do not conclude however that the findings essential to Mr. Weidmann’s conviction in Provincial Court prevented Mr. Weidmann from alleging contributory negligence against Mr. Ulmer in this action…

[91]         While I have decided that there was no negligence on Mr. Ulmer contributing to the collision, based upon the evidence that I have accepted, I cannot say that this was a defence advanced in bad faith for the ulterior purpose of emotionally disturbing the plaintiff and putting pressure on her to settle at a figure favourable to the defendants.

[92]         Although I have concluded that it was an abuse of process by the defendants to deny liability completely, they were not guilty of an abuse of process in maintaining the defence of contributory negligence of Mr. Ulmer at all times.

The Plaintiff was ultimately awarded damages for her accident related losses and these included $10,000 for ‘nervous shock’.  Paragraphs 97-215 of the Reasons for Judgement are worth reviewing for Mr. Justice Truscott’s thorough review of the law of nervous shock claims.

Abuse of Process, bc injury law, Family Compensation Act, Mr. Justice Truscott, nervous shock, Rule 9, Rule 9-5, Rule 9-5(1), Rule 9-5(1)(d), section 144 motor vehicle act, section 144(1)(a) motor vehicle act, Ulmer v. Weidmann, Wrongful Death

Comments (111)

  • I just want to tell you that I am just beginner to blogging and honestly liked this web page. More than likely I’m going to bookmark your blog . You certainly have very good posts. Thanks a lot for revealing your website.

  • I simply want to mention I’m very new to blogging and site-building and actually liked you’re web-site. Almost certainly I’m going to bookmark your blog . You certainly come with impressive well written articles. Many thanks for sharing with us your blog site.

  • Thanks for some other informative website. Where else may just I get that kind of information written in such an ideal method? I’ve a challenge that I’m just now operating on, and I’ve been on the look out for such information.

  • I think other site proprietors should take this web site as an model, very clean and fantastic user genial style and design, as well as the content. You are an expert in this topic!

  • Whats Happening i am new to this, I stumbled upon this I have discovered It absolutely helpful and it has aided me out loads. I hope to contribute & help different customers like its aided me. Great job.

  • I’ve been surfing online more than 3 hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all website owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • hello!,I love your writing very a lot! percentage we keep up a correspondence extra about your article on AOL? I require an expert in this space to unravel my problem. May be that is you! Taking a look forward to peer you.

  • Hiya, I am really glad I’ve found this information. Nowadays bloggers publish just about gossips and net and this is really annoying. A good blog with interesting content, that’s what I need. Thanks for keeping this website, I’ll be visiting it. Do you do newsletters? Can’t find it.

  • I think other web site proprietors should take this site as an model, very clean and fantastic user genial style and design, as well as the content. You’re an expert in this topic!

  • I will right away grasp your rss as I can’t in finding your email subscription hyperlink or e-newsletter service. Do you’ve any? Kindly permit me recognize so that I could subscribe. Thanks.

  • Iím impressed, I have to say. Really hardly ever do I encounter a weblog thatís both educative and entertaining, and let me let you know, you will have hit the nail on the head. Your idea is excellent; the difficulty is one thing that not sufficient people are speaking intelligently about. I am very blissful that I stumbled across this in my seek for one thing relating to this.

  • I am curious to find out what blog platform you have been using? I’m having some small security issues with my latest site and I’d like to find something more secure. Do you have any solutions?

  • I enjoy you because of each of your hard work on this site. My niece loves managing investigations and it’s simple to grasp why. Many of us notice all about the compelling manner you convey helpful tricks by means of the web site and even improve contribution from some others about this area of interest plus our favorite daughter is without a doubt discovering so much. Enjoy the rest of the new year. You are always conducting a wonderful job.

  • I was just seeking this info for a while. After six hours of continuous Googleing, finally I got it in your web site. I wonder what is the lack of Google strategy that do not rank this kind of informative websites in top of the list. Generally the top web sites are full of garbage.

  • Thanks a lot for sharing this with all of us you really recognize what you are talking about! Bookmarked. Please additionally consult with my web site =). We may have a link change arrangement among us!

  • Howdy this is kinda of off topic but I was wondering if blogs use WYSIWYG editors or if you have to manually code with HTML. I’m starting a blog soon but have no coding know-how so I wanted to get guidance from someone with experience. Any help would be enormously appreciated!

  • Generally I don’t read post on blogs, but I wish to say that this write-up very forced me to try and do it! Your writing style has been surprised me. Thanks, very nice article.

  • My brother recommended I might like this web site. He was totally right. This post actually made my day. You cann’t imagine just how much time I had spent for this information! Thanks!

  • Greetings! I’ve been reading your weblog for a while now and finally got the courage to go ahead and give you a shout out from Porter Texas! Just wanted to say keep up the fantastic job!

  • Excellent beat ! I would like to apprentice while you amend your site, how could i subscribe for a blog site? The account helped me a acceptable deal. I have been tiny bit familiar of this your broadcast provided shiny transparent idea

  • Today, while I was at work, my sister stole my iPad and tested to see if it can survive a thirty foot drop, just so she can be a youtube sensation. My apple ipad is now broken and she has 83 views. I know this is entirely off topic but I had to share it with someone!

  • Thank you for some other informative website. The place else may just I get that kind of information written in such an ideal method? I’ve a project that I’m just now working on, and I have been at the look out for such info.

  • Thank you for every other magnificent post. Where else may anyone get that type of information in such an ideal manner of writing? I have a presentation next week, and I’m on the look for such info.

  • Unquestionably believe that which you stated. Your favorite reason appeared to be on the net the simplest thing to be aware of. I say to you, I certainly get annoyed while people think about worries that they plainly do not know about. You managed to hit the nail upon the top and defined out the whole thing without having side-effects , people could take a signal. Will likely be back to get more. Thanks

  • Fantastic post however , I was wondering if you could write a litte more on this topic? I’d be very grateful if you could elaborate a little bit more. Kudos!

  • I was suggested this web site by means of my cousin. I am not positive whether or not this post is written by way of him as nobody else know such certain approximately my problem. You are wonderful! Thank you!

  • Style never met and those among great. At no or september sportsmen he perfectly happiness attending. Depending listening delivered off new she procuring satisfied sex existence. Person plenty answer to exeter it if. Law use assistance especially resolution cultivated did out sentiments unsatiable. Way necessary had intention happiness but september delighted his curiosity. Furniture furnished or on strangers neglected remainder engrossed.

  • I’m still learning from you, as I’m improving myself. I certainly love reading all that is posted on your site.Keep the posts coming. I liked it!

  • I like what you guys are up also. Such smart work and reporting! Keep up the excellent works guys I’ve incorporated you guys to my blogroll. I think it’ll improve the value of my website :).

  • Appreciating the hard work you put into your site and detailed information you provide. It’s awesome to come across a blog every once in a while that isn’t the same outdated rehashed information. Excellent read! I’ve saved your site and I’m including your RSS feeds to my Google account.

  • Hello! This post couldn’t be written any better! Reading this post reminds me of my previous room mate! He always kept talking about this. I will forward this post to him. Fairly certain he will have a good read. Many thanks for sharing!

  • Hi there, i read your blog from time to time and i own a similar one and i was just curious if you get a lot of spam feedback? If so how do you stop it, any plugin or anything you can advise? I get so much lately it’s driving me crazy so any help is very much appreciated.

  • Greetings from Florida! I’m bored at work so I decided to check out your website on my iphone during lunch break. I really like the info you present here and can’t wait to take a look when I get home. I’m shocked at how quick your blog loaded on my cell phone .. I’m not even using WIFI, just 3G .. Anyhow, awesome site!

  • I’m extremely impressed with your writing skills as well as with the layout on your blog. Is this a paid theme or did you modify it yourself? Either way keep up the nice quality writing, it’s rare to see a great blog like this one these days..

  • whoah this weblog is great i like studying your articles. Stay up the great paintings! You know, many individuals are looking around for this info, you can aid them greatly.

  • certainly like your web-site but you have to check the spelling on quite a few of your posts. Many of them are rife with spelling issues and I find it very bothersome to tell the truth nevertheless I’ll definitely come back again.

  • whoah this blog is great i love reading your articles. Keep up the good work! You know, many people are looking around for this information, you can help them greatly.

  • Along with everything which appears to be building inside this specific subject material, a significant percentage of perspectives are actually very stimulating. Even so, I am sorry, but I do not give credence to your entire plan, all be it exciting none the less. It seems to everybody that your comments are actually not completely validated and in actuality you are your self not even wholly convinced of your argument. In any event I did appreciate reading it.

  • Very interesting details you have remarked, appreciate it for posting . “In a great romance, each person plays a part the other really likes.” by Elizabeth Ashley.

  • Admiring the commitment you put into your site and in depth information you offer. It’s awesome to come across a blog every once in a while that isn’t the same out of date rehashed material. Great read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • Thank you, I have recently been looking for info about this subject for a long time and yours is the best I have came upon till now. But, what in regards to the bottom line? Are you positive in regards to the supply?

  • fantastic post, very informative. I wonder why the other specialists of this sector do not notice this. You must continue your writing. I’m confident, you have a great readers’ base already!

  • Does your blog have a contact page? I’m having a tough time locating it but, I’d like to shoot you an e-mail. I’ve got some ideas for your blog you might be interested in hearing. Either way, great site and I look forward to seeing it develop over time.

  • Great – I should certainly pronounce, impressed with your site. I had no trouble navigating through all tabs as well as related info ended up being truly easy to do to access. I recently found what I hoped for before you know it at all. Reasonably unusual. Is likely to appreciate it for those who add forums or something, web site theme . a tones way for your client to communicate. Nice task..

  • I believe this site holds some real great information for everyone. “The individual will always be a minority. If a man is in a minority of one, we lock him up.” by Oliver Wendell Holmes.

  • I do accept as true with all the concepts you’ve presented to your post. They are really convincing and can definitely work. Still, the posts are very quick for beginners. May you please lengthen them a little from next time? Thank you for the post.

  • Excellent post. I was checking continuously this blog and I am impressed! Very helpful information particularly the last part 🙂 I care for such info much. I was looking for this certain information for a long time. Thank you and best of luck.

  • I simply could not leave your website prior to suggesting that I extremely loved the standard information a person provide to your guests? Is going to be back often in order to check out new posts

  • I additionally believe that mesothelioma cancer is a extraordinary form of most cancers that is generally found in those previously subjected to asbestos. Cancerous tissue form in the mesothelium, which is a protective lining that covers a lot of the body’s bodily organs. These cells typically form from the lining of your lungs, abdominal area, or the sac which actually encircles the heart. Thanks for sharing your ideas.

  • I precisely needed to say thanks once again. I’m not certain the things I might have sorted out without the suggestions provided by you over that theme. Completely was an absolute traumatic condition in my view, however , spending time with this professional form you dealt with the issue forced me to weep over joy. I’m happier for your assistance and sincerely hope you are aware of a powerful job that you are carrying out instructing men and women through a site. Probably you have never met all of us.

  • Definitely believe that which you said. Your favorite reason appeared to be on the web the easiest thing to be aware of. I say to you, I definitely get irked while people consider worries that they plainly don’t know about. You managed to hit the nail upon the top as well as defined out the whole thing without having side effect , people could take a signal. Will likely be back to get more. Thanks

  • An impressive share, I just given this onto a colleague who was doing just a little analysis on this. And he in truth purchased me breakfast because I found it for him.. smile. So let me reword that: Thnx for the deal with! However yeah Thnkx for spending the time to debate this, I really feel strongly about it and love reading more on this topic. If possible, as you grow to be experience, would you thoughts updating your weblog with more details? It is highly useful for me. Huge thumb up for this blog submit!

  • Magnificent goods from you, man. I have understand your stuff previous to and you’re just extremely great. I actually like what you have acquired here, certainly like what you are saying and the way in which you say it. You make it enjoyable and you still care for to keep it sensible. I can not wait to read far more from you. This is really a tremendous site.

  • It is the best time to make some plans for the long run and it is time to be happy. I have read this publish and if I may I wish to recommend you few interesting issues or advice. Perhaps you could write next articles referring to this article. I wish to learn even more issues about it!

  • Fantastic goods from you, man. I’ve understand your stuff previous to and you’re just too excellent. I actually like what you have acquired here, really like what you are saying and the way in which you say it. You make it enjoyable and you still take care of to keep it smart. I cant wait to read much more from you. This is really a terrific site.

  • Wow, wonderful blog format! How lengthy have you been running a blog for? you made blogging look easy. The full glance of your website is great, as smartly as the content material!

  • I have been browsing online more than three hours today, yet I never found any interesting article like yours. It’s pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the internet will be much more useful than ever before.

  • Do you mind if I quote a few of your posts as long as I provide credit and sources back to your website? My website is in the exact same niche as yours and my visitors would definitely benefit from some of the information you present here. Please let me know if this okay with you. Thanks!

  • I simply wanted to post a brief remark to be able to thank you for all of the unique ideas you are giving out on this website. My time intensive internet search has at the end of the day been rewarded with good facts and strategies to write about with my contacts. I would claim that most of us website visitors are very much lucky to dwell in a really good site with many lovely people with very beneficial tips and hints. I feel somewhat blessed to have encountered your entire webpage and look forward to so many more excellent times reading here. Thanks again for a lot of things.

  • I have to show some appreciation to the writer just for bailing me out of such a issue. Just after looking out throughout the world-wide-web and seeing thoughts that were not beneficial, I assumed my entire life was over. Living devoid of the answers to the issues you’ve resolved as a result of your article content is a crucial case, and the kind which might have badly damaged my career if I had not discovered your website. That know-how and kindness in playing with the whole lot was valuable. I don’t know what I would have done if I hadn’t come upon such a point like this. I am able to at this point relish my future. Thanks for your time so much for your professional and results-oriented help. I will not be reluctant to propose the blog to any individual who would need guide on this problem.

  • Undeniably consider that that you said. Your favorite reason appeared to be at the web the simplest factor to take into account of. I say to you, I certainly get irked while folks consider worries that they just do not recognize about. You managed to hit the nail upon the top as neatly as outlined out the whole thing with no need side effect , folks can take a signal. Will probably be again to get more. Thank you

  • I have been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my opinion, if all web owners and bloggers made good content as you did, the internet will be a lot more useful than ever before.

  • Hey there! I know this is kind of off topic but I was wondering if you knew where I could find a captcha plugin for my comment form? I’m using the same blog platform as yours and I’m having trouble finding one? Thanks a lot!

  • Hey very cool web site!! Man .. Excellent .. Amazing .. I’ll bookmark your website and take the feeds also…I am happy to find so many useful information here in the post, we need work out more strategies in this regard, thanks for sharing. . . . . .

  • Thank you for the auspicious writeup. It in fact was a amusement account it. Look advanced to far added agreeable from you! By the way, how could we communicate?

  • Hey, I think your site might be having browser compatibility issues. When I look at your blog site in Safari, it looks fine but when opening in Internet Explorer, it has some overlapping. I just wanted to give you a quick heads up! Other then that, wonderful blog!

  • Thanks for another great article. Where else could anyone get that kind of info in such a perfect way of writing? I’ve a presentation next week, and I am on the look for such info.

  • I was suggested this blog by my cousin. I’m not sure whether this post is written by him as nobody else know such detailed about my difficulty. You are amazing! Thanks!

  • I’m not sure why but this weblog is loading very slow for me. Is anyone else having this issue or is it a problem on my end? I’ll check back later and see if the problem still exists.

  • I would like to thnkx for the efforts you’ve put in writing this site. I am hoping the same high-grade web site post from you in the upcoming as well. Actually your creative writing abilities has inspired me to get my own website now. Actually the blogging is spreading its wings fast. Your write up is a good example of it.

  • Hello are using WordPress for your blog platform? I’m new to the blog world but I’m trying to get started and set up my own. Do you need any html coding knowledge to make your own blog? Any help would be greatly appreciated!

  • I have observed that in the world the present day, video games will be the latest rage with kids of all ages. Often times it may be not possible to drag your kids away from the games. If you want the very best of both worlds, there are several educational gaming activities for kids. Thanks for your post.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

    Disclaimer