The civil unrest in the US continues in the wake of public anger and backlash over the murder of George Floyd due to unreasonable police force in kneeling on his neck for several minutes. From a legal standpoint, it is anticipated that the police will rely on a defence known as “qualified immunity” which protects…
The Court of Appeal has allowed an appeal of a police offer found 20% at fault for injury and death caused by a suicidal individual who drove his vehicle into oncoming traffic killing himself and the other driver (Bergen v. Guliker, 2015 BCCA 283). This case establishes that there is currently no recognized duty of care owned to the…
When you are privileged you do not have to follow the rules of the road. This unanimous and successful appeal confirms that there is little room to find a police officer negligent for a car accident which results from the officer responding to a vehicle travelling at such an excessive speed (Maddex v. Sigouin, 2014 BCCA…