CASE LAW - Passerin v Webb
This is a case where a runaway snowmobile collided with Angelo Passerin who had stopped to help another rider whose snowmobile was stuck in deep snow. In a way, this is an example of the perfect storm as the riderless snowmobile went over a 33 meter cliff, climbed out of a ravine and ran for more than a kilometer before striking Passerin.
Devon Webb had struck a snowdrift and attempted to accelerate through it. He was not successful and fell off the machine. The throttle was locked in the default position and Mr. Webb had not attached the tether cord to himself. The tether cord should have shut off the engine if it had operated as designed, preventing the runaway.
Mr. Justice Dley found that Webb owed a duty of care to Passerin that had not been carried out when he failed to attach the tether to himself. Mr. Webb was liable for Mr. Passerins's damages in the collision.