CASE LAW - Jory v Pereira
This case resolves liability for a collision that took place at the intersection of Rutherford Road and Cedar Ridge Place in Nanaimo. A car was being driven eastbound on Rutherford Road by Gordon Pereira at a speed of between 80 and 115 km/h in the 50 km/h municipal speed zone. A van driven by William Jory stopped at the stop sign northbound on Cedar Ridge Place and then began to turn west on Rutherford Road. The two collided in the intersection.
Madam Justice Power ultimately apportioned the liability at 40% for Mr. Jory and 60% for Mr. Pereira. Mr. Jory had failed to accurately assess the hazard presented by the Pereira vehicle and Mr. Pereira was negligent for both the speed that rendered him unable to avoid the collision and failing to take evasive action sooner than he did.