1.2 The Jogger and the cyclist
The scenario
You are at a family dinner party when an uncle recounts an article that he had recently read on CBC News about a man who ran into a ten year old on her bike. "How ridiculous," your uncle blurts out. "The guy isn't looking where he is going, then he tries to sue the ten year old who he runs into. This stupid case should never have been allowed to go to court!"
A family friend is there who also heard about this case. She says, "The guy had to get surgery and had to sue for costs and lost wages. It was her fault, not his. That is how our legal system works. I hope that the guy appeals. He'll probably win."
Since you have been studying law, you decide to weigh in on this matter as best as you can. First, you explain to your uncle why the case was allowed to go to court. You then explain to your family friend why you think that the plaintiff either should or should not appeal.
Read the news article from CBC News below.
Kamloops Man Sues 10 year old girl
Next, read the judgement from the Supreme Court of BC below
Perilli v. Marlow, 2018 BCSC 495
In your explanation, you will need to use the following terms:
- Supreme Court of BC
- civil case
- citation
- plaintiff
- defendant(s)
- Motor Vehicle Act
- precedent
- statute
- substantive law
- procedural law
This should be no longer than one page. Though some of the vocabulary is legal, you should do your best to put this in your own voice, so that it really sounds like you are explaining this to people who know you well.