How may a defendant negate the inference of negligence by raising the defence of explanation or defence of inevitable accident?

British Columbia, Canada


The following excerpt is from Jahanian v Jahanian, 2021 BCSC 1890 (CanLII):

A defendant may negate the inference of negligence by raising the defence of explanation or the defence of inevitable accident: Holt v. Rother, 2013 BCSC 1065 at para. 10. The difference between the defence of explanation and that of inevitable accident is set out in Perry v. Banno (1993), 1993 CanLII 259 (BC SC), 80 B.C.L.R. (2d) 351 at 354 (S.C.). The defence of explanation rests on circumstances external to the driver, such as the presence of black ice on the road. To prove the defence of explanation, the defendant only needs to establish how the collision may have occurred reasonably without negligence on their part. On the other hand, the defence of inevitable accident arises from circumstances wholly within the defendant himself and requires the defendant to prove the collision could not have been prevented by reasonable care on his part which imposes a much higher onus on the defendant.

Other Questions


What is the defence of a defence where the defence cannot raise a reasonable doubt by mere speculation? (British Columbia, Canada)
Does a defendant have a heavier onus if he asserts a defence of inevitable accident? (British Columbia, Canada)
How does the defence of explanation work when the trial judge draws an inference of negligence? (British Columbia, Canada)
What is the defence of inevitable accident in a motor vehicle accident case? (British Columbia, Canada)
What is the test for establishing contributory negligence against a defendant in a motor vehicle accident? (British Columbia, Canada)
In a motor vehicle accident, can the driver's negligence be inferred? (British Columbia, Canada)
What is the test for determining whether a motor vehicle accident is an accident or an accident? (British Columbia, Canada)
What is the defence of negligence in a motor vehicle accident? (British Columbia, Canada)
What is the test for determining whether a defendant is liable in negligence in a motor vehicle accident? (British Columbia, Canada)
What is the test for finding a defendant liable for negligence in a motor vehicle accident? (British Columbia, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.