Can Coast Bus Company be held liable for failing to stop at a roundabout?

British Columbia, Canada


The following excerpt is from JW v. Coast Mountain Bus Company Ltd., 2021 BCCRT 1295 (CanLII):

33. Therefore, I find it unproven that TC was going too fast as they navigated the roundabout, or that TC turned too abruptly or hit the curb. I find that that when the bicycle began to slip off the rack, TC brought the bus to a stop. Even an abrupt stop is not necessarily a breach of the standard of care. Liability depends on the manner of the stop and the reason for its suddenness: Erickson v. Sibble, 2012 BCSC 1880 at paragraph 57. I find coming to a stop, even if abrupt, was what a reasonably prudent bus driver would do when a bicycle began to slip off the bike rack. So, I find TC did not breach the standard of care of a reasonably prudent bus driver. It follows that Coast is not liable to the applicants.

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