CASE LAW - Vehicle Owner's Responsibility

The case of Tataryn v Browne involves a single vehicle rollover crash on Long Lake Road near Kamloops. Farm workers riding in the box of the pickup truck at the time of the crash were injured. Debra Browne found that the owner's responsibility for their vehicle meant that she was vicariously liable for damages.

Circumstances of The Collision

Annie Browne (Debra's daughter and holder of an N licence) was driving a pickup truck carrying temporary farm workers from a Knutsford farm to the New Life Mission downtown. 

The pickup had seatbelts for five occupants and there were six people in the passenger compartment. The other people were in the box of the pickup and Annie was aware that they were there.

Annie was told that she should only take workers for which seatbelts were available and that the farm manager would take the rest of the workers later.

The trip ended on Long Lake Road when the truck went down an embankment, rolling several times. The 14 occupants in the truck took action against Annie and her mother for the injuries that they suffered in the collision.

The Driver was Negligent

In this case Madam Justice Hyslop found Annie negligent by driving the truck recklessly and at a rate of speed which was excessive given the nature of Long Lake Road.

The Owner's Responsibility

Justice Hyslop also found Debra Browne to be vicariously liable for damages under section 86 of the Motor Vehicle Act.

The Passenger's Responsibility

The injured occupants were found not to be contributorily negligent because they were not wearing a seatbelt given that they faced a 15 kilometre walk home in the cold and dark that they were not dressed properly for if they did not accept the ride.

Learn More

• Read the Reasons for Judgment - Tataryn v Browne

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