CASE LAW - Toevs v Williams

BC Courts Coat of ArmsRyan Toevs parked his truck on West 4th Avenue in Vancouver. He exited the truck and walked across the street to deliver an envelope to a friend. Following that delivery, he observed traffic and determined that it was safe for him to cross back to his truck and enter it. On arriving at the driver's door, Mr. Toevs decided that it would not be safe to open the door and stood with his back to the truck to let approaching vehicles pass.

A Range Rover driven by Michael Williams approached in the lane beside Mr. Toevs. It was close enough that Mr. Toevs was concerned that if he did not do something he would be struck by the vehicle as it passed. He attempted to open the driver's door, get inside his truck and close the door again before Mr. Williams passed by.

He was not successful and a collision occurred. Mr. Toevs was injured and both vehicles were damaged.

Mr. Justice Affleck found that there was ample room in the curb lane for Mr. Williams to have moved left and avoided the collision. He was found 100% liable for damages.