CASE LAW - Singh v Lepitre
Sandra Lepitre parked her car at the curb in front of 2871 Aurora Road in North Vancouver and walked to work from there. At lunchtime, Amrinder Singh and Jaskirat Singh Sekhon, who had been working at a nearby construction site, sat on the street in front of Ms. Lepitre's car to eat. While they were there, Ms. Lepitre returned to her car intending to drive off on an errand. She struck both men.
Madam Justice MacNaughton examined the circumstances to determine liability for the collision. She determined that Mr. Singh and Sekhon were not pedestrians as they were seated on the roadway. Despite that, Ms. Lepitre still owed a common law duty of care to all road users. The men were there to be seen and she did not pay sufficient attention to her surroundings when she started to drive.
The two men could have chosen to sit side by side along the curb or facing Ms. Lepitre's vehicle instead of having their backs to it in order to increase their own safety.
In these circumstances, liability was apportioned at 10% to the two men and 90% to the driver.