Welcome to “Cases That Should Have Gone to the Supreme Court of Canada, But Didn’t!”
In today’s episode, Kyla Lee from Acumen Law Corporation examines a tragic bus crash case that raises critical issues about product liability, government safety standards, and negligence.
Key Points Discussed:
The Case:
A fatal bus crash on a snowy Christmas Eve in British Columbia resulted in multiple deaths and severe injuries.
Survivors sued the bus manufacturer, alleging negligence for failing to include seat belts, even though federal law does not mandate them. They argued that industry standards today expect seat belts to be included.
The Legal Argument:
The plaintiffs contended that compliance with outdated federal laws does not absolve manufacturers from adhering to modern safety standards.
They argued that failing to include seat belts, despite foreseeable harm, amounted to negligence.
The Court Rulings:
The lawsuit was dismissed at trial, and leave to appeal to the Supreme Court of Canada was denied. This left unresolved questions about the liability of manufacturers when government standards lag behind current safety practices.
Why This Case Matters:
This case highlights the gaps in Canadian law regarding product liability and safety regulations. Kyla Lee argues that governments are often slow to update legislation, leaving manufacturers to decide whether to meet modern standards voluntarily. This lack of accountability can result in preventable tragedies.
The Supreme Court of Canada missed an opportunity to address how negligence laws could be applied in such cases, creating a critical stopgap when government legislation is outdated.
Topics Covered:
The interplay between federal safety standards and industry best practices
The role of negligence law in holding private actors accountable
Challenges in updating legislation to match scientific advancements and global standards
