What is the definition of wilful and wanton misconduct?

Saskatchewan, Canada


The following excerpt is from Reineke v. Weisgerber, 1974 CanLII 945 (SK QB):

The classic definition of wilful and wanton misconduct as stated by Duff C.J. in McCulloch v. Murray, supra, is worthwhile repeating here [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. Subject to that, I think it is entirely a question of fact for the jury whether conduct falls within the category of gross negligence, or wilful misconduct, or wanton misconduct. These words, after all, are very plain English words, not difficult of application by a jury whose minds are not confused by too much verbal analysis.”

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