CASE LAW - Provost v Bolton
On April 24, 2012 Kyle Katerenchuk, an employee of Dueck Downtown Chevrolet Buick GMC Limited, left a pickup truck unlocked, unattended and idling with the keys in the ignition outside one of the dealership's detailing bays. It was stolen by David Bolton.
The vehicle was reported stolen to police and it's OnStar tracking system showed it to be in Richmond. Constable Cotton located it on #3 Road and the Westminster Highway. Surveillance was conducted by a number of unmarked police vehicles until it stopped in an alley between Smith and Sexsmith Streets. At this point it was decided to arrest the driver.
They were not successful and a pursuit began with one of the police vehicles being rammed by Boulton during his attempt to escape.
The pursuit was called off by a supervisor. Emergency equipment on police vehicles involved was turned off, but some officers continued to follow at greater than highway speeds. A second crash resulted when Bolton was unable to negotiate a turn at the intersection of #5 and River Roads and collided with a vehicle waiting at a red light, seriously injuring Brandy Brundige.
Mr. Justice Kelleher was left to sort out the issues of liability for the incident. He found that the majority of the fault lay with Mr. Bolton, but assessed liabilty against Dueck for "creating the situation that was highly tempting to any opportunistic would be thief." The police were also held partially liable for the collision that injured Ms. Brundige.