Bey v Van Kruyssen & Willson No. DCCIV-01-1

Sara Bey appeals against a decision of a magistrate who found that Robert James Willson was not liable for damage to Janette Van Kruyssen's vehicle. Ms Bey was travelling behind Ms Van Kruyssen in the right-hand lane and changed lanes, clipping the back of Ms Van Kruyssen's vehicle. Mr Willson, who was behind Ms Van Kruyssen, was unable to stop and collided with Ms Bey's vehicle, causing further damage to Ms Van Kruyssen's vehicle. The magistrate found Ms Bey totally liable for the damage and ordered that Mr Willson was to be indemnified by Ms Bey for the damage caused. Ms Bey argues that the magistrate erred in finding that she clipped Ms Van Kruyssen's vehicle and that Mr Willson's negligence caused the collision.

The court must determine whether the magistrate was correct to find that Ms Bey was totally liable for the damage to Ms Van Kruyssen's vehicle and whether the magistrate should have joined Ms Bey as a co-defendant in the action. The court must also consider whether there was any error in the magistrate's finding that Ms Bey's vehicle clipped the back of Ms Van Kruyssen's vehicle and whether Mr Willson was negligent.

The court finds that the magistrate was correct to find that Ms Bey was totally liable for the damage to Ms Van Kruyssen's vehicle and that the magistrate should have joined Ms Bey as a co-defendant in the action. The court finds that the magistrate's factual findings were open to him and that there was no error in his finding that Ms Bey's vehicle clipped the back of Ms Van Kruyssen's vehicle. The court finds that there was no evidence to support Ms Bey's argument that Mr Willson was negligent.

The court orders that Ms Bey be joined as a defendant in the action and that the order of the magistrate that Mr Willson is liable in the sum of $2925 inclusive of costs is set aside. The court substitutes judgment in favour of Ms Van Kruyssen against Ms Bey in the sum of $2925 inclusive of costs. The court reserves the right to edit these reasons.