What constitutes wilful and wanton misconduct?
Saskatchewan, Canada
The following excerpt is from Kozack v. Richter, 1970 CanLII 636 (SK CA):
The definition, or test, of what constitutes wilful and wanton misconduct is that set out by Duff C.J.C. in McCulloch v. Murray, 1942 CanLII 44 (SCC), [1942] S.C.R. 141, [1942] 2 D.L.R. 179, when he said at p. 145: “All these phrases, gross negligence, wilful misconduct, wanton misconduct, imply conduct in which, if there is not conscious wrong doing, there is a very marked departure from the standards by which responsible and competent people in charge of motor cars habitually govern themselves.”
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