CASE LAW - Fewer v Powell
Todd Fewer and Edward Powell live across the alley from each other in Vancouver but have never met. There is an ongoing issue with Mr. Powell having trouble backing out of his carport due to the position of Mr. Fewer's garbage bins. The bins are often knocked over and the garbage that they contained was not picked up by city crews.
The incident giving rise to this case began when Mr. Fewer saw Mr. Powell backing out of the carport and pushing his waste bins with the back of the vehicle. Mr. Fewer went to the passenger side of Mr. Powell's vehicle and a discussion took place. "Both men concluded further discussion between them was not going to be fruitful."
Mr. Fewer returned to his bins, straightened them out and then stood next to them. Mr. Powell reversed, striking both the bins and Mr. Fewer.
Justice Edelmann examined section 193 MVA which governs backing up. In determining negligence for the collision he concluded "Both Mr. Fewer and Mr. Powell assumed that the other man would act in a reasonably prudent manner. Unfortunately, neither of them did. I find them both to be equally responsible for the consequences and attribute 50% liability to each."