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B.C. Court dismisses appeal, upholds negligence standard

Thursday, February 02, 2017 @ 7:00 PM | By Ann Macaulay

In a decision reaffirming the rules for finding negligence and the burden of proof, the Court of Appeal for British Columbia dismissed the appeal of a case that found a bus driver’s negligence caused a man’s injuries.

A prima facie case of negligence is not established by the mere fact a passenger is injured while riding on a public carrier, Justice Lauri Ann Fenlon wrote in Benavides v. John Doe 2017 BCCA 15. “The plaintiff bears the burden of proving on a balance of probabilities that...