How have courts interpreted gross negligence in motor vehicle accident law?
British Columbia, Canada
The following excerpt is from Braid v. Whistler River Adventures Ltd., 2000 BCSC 1740 (CanLII):
In Walker v. Coates, 1968 CanLII 79 (SCC), [1968] S.C.R. 599 at 601, Ritchie J. cites the decision of McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] S.C.R. 141, where Duff C.J.C. defined gross negligence as follows: All these phrases, gross negligence, wilful misconduct, imply conduct in which, if there is not conscious wrongdoing, there is very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves. [emphasis added by Ritchie J.]
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