Matthew Salo was riding his hybrid bicycle and approaching a stop sign at an intersection with North End Road on Saltspring Island. His intention was to slow down and turn right without stopping if traffic permitted. There was a beige SUV stopped at the stop sign intending to turn in the same direction. Circumstances of what actually occurred next are unclear and Mr. Salo has no recollection of the incident himself due to injuries suffered. None the less, he claims negligence on the part of the driver and makes a civil claim against ICBC for damages.
An independent witness observed Mr. Salo in mid-air approximately 10 feet behind the vehicle as the witness passed by it. He was not able to determine if the bicycle had collided with the vehicle and noted no out of the ordinary driving behaviour before or after the incident. It pulled away from the stop sign and left the scene as if nothing had happened. The driver and vehicle were never identified or located after the incident.
Mr. Justice MacKenzie found that
"In this case there is no direct evidence as to what caused Mr. Salo to become airborne when the SUV was stopped at the stop sign. Both counsel have suggested possible scenarios or explanations as to what might have happened, some more fanciful or implausible than others. But, as the defendant asserts, absent any evidence “about the movements of the SUV before the collision”, it would be pure speculation to infer negligence on the part of the SUV driver."
The claim against ICBC was dismissed.