What is the test for “wilful and wanton misconduct” in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Wilson v. Erbach, 1965 CanLII 413 (SK QB):
The plaintiff alleges that Erbach drove the car so as to exhibit “wilful and wanton misconduct” and, therefore, the onus is on the plaintiff to prove such a state of mind: See Studer v. Cowper 1951 CanLII 34 (SCC), [1951] SCR 450, affirming 1950 CanLII 177 (SK CA), [1950] 1 WWR 780, where Kerwin, J. held at p. 455: “The term ‘wilful and wanton misconduct’ denotes something subjective on the part of the driver, whereas gross negligence may be found entirely apart from what the driver thought or intended.”
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
How have courts dealt with a claim for damages arising out of a motor vehicle accident under the Motor Vehicle Accident Prevention Act? (Saskatchewan, Canada)
Can a defendant be found not to be negligent in a motor vehicle accident where the vehicle is locked in a fenced-off secure area and the keys to the vehicle are locked? (Saskatchewan, Canada)
What is the test for loss of earning capacity for a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for res ipsa loquitur in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for contributory negligence in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for determining whether an employer is liable for injuries sustained by a plaintiff in a motor vehicle accident? (Saskatchewan, Canada)
What is the test for a plaintiff to prove reasonable excuse in a motor vehicle accident case? (Saskatchewan, Canada)
What is the effect of using economic and actuarial evidence on an award for head of damage in a motor vehicle accident? (Saskatchewan, Canada)
In a motor vehicle accident case, how have the tax implications of an award been considered? (Saskatchewan, Canada)
What is the impact of a motor vehicle accident on an insurance policy? (Saskatchewan, Canada)
