Recent Supreme Court of Canada Case on Large Animal Collisions

The Supreme Court of Canada has recently decided an interesting case on collisions with large animals on the highway. The Court found the driver can indeed be found negligent in certain circumstances, where a passenger has been injured. The case involved a passenger who was seriously injured when the car in which he was a passenger hit a moose.  Driving at dusk on a divided highway, on a section of road marked by a moose warning sign the driver swerved to his left to avoid two moose that appeared on his right.  Unseen by the driver, a third moose suddenly bolted across the road from the driver's left.  The car hit this moose.  The injured passenger claimed the driver was negligent in failing to keep a proper lookout.  The trial court held that there was no evidence that the driver should have seen the two moose before he did, nor any evidence that he could or should have seen the third moose in time to avoid the collision.

There was no evidence of excessive speed, and various deficiencies in the condition of the car played no role in the accident.

The Newfoundland Court of Appeal allowed the appeal and held that Russell was negligent in operation of the motor vehicle.

The Supreme Court of Canada upheld the Court of Appeal.

Travis Russell and Clara Russell v. Barry Baker (Nfld. C.A., October 6, 2008) (32904)