Contor v Bickey

Contor sued Bickey for damages arising from a motor vehicle accident on the Bruce Highway. The plaintiff, Contor, was a motorcyclist who collided with the defendant, Bickey, who was driving a car. The primary legal issues the court needed to address were whether Bickey was negligent in causing the accident and, if so, whether Contor's intoxication or other actions contributed to the incident.

The court found that Bickey was negligent in failing to look out for oncoming traffic before entering the highway. This was a crucial point of liability as it established that Bickey's actions directly contributed to the accident. The court further considered whether Contor's intoxication or failure to properly execute the U-turn contributed to the accident. The plaintiff admitted to consuming alcohol before the accident but maintained that he did not feel its effects. The court noted that Contor's intoxication could have impaired his ability to make sound decisions and execute the U-turn correctly.

In determining the outcome, the court concluded that Bickey was primarily liable for the accident due to his failure to properly look out for oncoming traffic. However, the court also found Contor to be contributorily negligent, as his intoxication and actions leading up to the accident contributed to the incident. This finding of contributory negligence reduced the damages Contor could recover from Bickey. Ultimately, the court ruled in favour of Bickey, awarding judgment against Contor.

The final orders included a judgment in favour of the defendant, with the plaintiff to pay the defendant's costs of the action. The court also set a deadline for the parties to file and serve written submissions on the issue of costs.