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Police Officer Not Contributorily Negligent For Riding Motorcycle in Median
In the case of X V. Y, 2011 BCSC 944 (“X. V. Y.”), the Court determined the appropriate apportionment of liability for a serious collision that arose out of unique factual circumstances. The Plaintiff, Mr. X., was an R.C.M.P. officer who was responding to an urgent emergency situation after the collapse of an overpass on the Lougheed Highway in Coquitlam. The Plaintiff was riding a police motorcycle with lights and sirens activated when he was struck by the Defendant, Mr. Y., who was executing a U-turn to avoid backed-up traffic near the collapsed overpass.
The evidence of the case critically disclosed that the Plaintiff had activated his emergency lights and sirens and repeatedly sounded his air horn when responding to an active “Code 3” call. Code 3 calls require responding officers to activate their lights and sirens and proceed to the scene of the emergency at a safe and reasonable speed.
Court Finds Case Planning Conference Recordings Not Presumptively Available
In the case of PARTI V. POKORNY, 2011 BCSC 955 (“PARTI”), the Court considered whether it was appropriate to grant the Defendant an order allowing access to the recording of a case planning conference (“CPC”). The Defendant’s application was made under Rule 5-2(7) of the SUPREME COURT CIVIL RULES, which states that “proceedings at a case planning conference must be recorded, but no part of that recording may be made available to or used by any person without court order”. The Defendant in PARTI was seeking a court order which would allow a court reporter to access this recording and make a transcript based on its contents.
In PARTI, the Plaintiff sustained injuries in a motor vehicle accident for which the Defendant had admitted liability. Defence counsel argued “on behalf of the defendant, and in reality ICBC” (at para. 5), that the Court’s analysis should begin with the presumption that CPC transcripts should be available for public access in conformity with the “open court principle”, unless a compelling reason for not granting access under Rule 5-2(7) exists.