Todd Fewer and Edward Powell live across the alley from each other in Vancouver but have never met. There is an ongoing issue with Mr. Powell having trouble backing up to exit his carport due to the position of Mr. Fewer's garbage bins. The bins are often knocked over and the garbage that they contained was not picked up by city crews.
Garbage Bins In The Way
The incident giving rise to this case began when Mr. Fewer saw Mr. Powell backing out of the carport and pushing his waste bins with the back of the vehicle. Mr. Fewer went to the passenger side of Mr. Powell's vehicle and a discussion took place. "Both men concluded further discussion between them was not going to be fruitful."
The Collision
Mr. Fewer returned to his bins, straightened them out and then stood next to them. Mr. Powell reversed, striking both the bins and Mr. Fewer.
Law on Backing Up
Justice Edelmann examined section 193 MVA which governs backing up. In determining negligence for the collision he concluded "Both Mr. Fewer and Mr. Powell assumed that the other man would act in a reasonably prudent manner. Unfortunately, neither of them did. I find them both to be equally responsible for the consequences and attribute 50% liability to each."
193 The driver of a vehicle must not cause the vehicle to move backwards into an intersection or over a crosswalk, and must not in any event or at any place cause a vehicle to move backwards unless the movement can be made in safety.
Street View of the Location
Bin Placement
The City of Vancouver Solid Waste Management Service bylaw requires:
704 1. All users of the Solid Waste Management Service shall ensure that containers for
garbage, yard trimmings, food scraps, and recyclable materials are:(b) Placed at the property line, at the level of the adjacent lane, or if no lane
exists, the adjoining street at the curb or pavement area, clear of the
traveled pavement area, no earlier than 5:30 a.m. and no later than 7:30
a.m. on the designated collection day, and returned to private property by
no later than 9:00 p.m. the same day;
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