CASE LAW - Mullens v Toor

BC Courts Coat of ArmsAnna Mullens was driving eastbound in the left lane of 64th Avenue in Surrey, B.C. As she neared 132 Street her vehicle was struck on the right side by a vehicle driven by Darshan Toor when he exited the Fruiticana parking lot. Mr. Toor explained that he was invited to exit the parking lot by the driver of a van that had stopped in the curb lane.

Mr. Toor admitted liability at trial but argued that Ms. Mullens was also partly to blame for failing to keep a proper lookout and not reacting to avoid a collision when he pulled into her lane.

Mr. Justice Verhoeven examines Section 176 of the Motor Vehicle Act which governs the exit from a parking lot and the case of Etter v Trent, a decision on the servient driver disregarding a statutory duty to yield right of way with a resulting collision.

Mr. Toor was not successful in shifting any of the blame for this collision.

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Comments

$2.5 million?

Thankfully the judge saw through this scam.  A relatively minor crunch caused by an inept driver is no reason to gouge the people's insurance co-op.

Indeed, if I were the judge, I think I'd have cut her judgement in half for attempting the scam. But her lawyer probably did that antway ....

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