CASE LAW - Link v ICBC Appeal
This is a case from the BC Court of Appeal that upholds a judgement from the Supreme Court. The incident in question occurred when Peter Link was driving his Jaguar in a snowstorm on Highway 99 between the Highway 10 and Highway 91 exits in Richmond. He was driving at a speed between 40 and 60 km/h when he was passed by an SUV that threw a large amount of snow onto his windshield as it passed by. Mr. Link was unable to see as his wipers could not clear the windshield sufficiently quickly. When he braked he lost control of his vehicle and collided with the median barrier.
Mr. Justice Ball found that the SUV driver had a duty of care to pass Mr. Link in safety and by traveling at a significantly higher speed while throwing snow from the tires breached that duty. The unknown driver of the SUV was found liable for the collision. The decision was unsuccessfully appealed by ICBC.