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ARTICLE · 17 APRIL 2020

Case Commentary: Provost v. Dueck Downtown Chevrolet Buick GMC Limited, 2020 BCCA 86

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A recent case issued by the British Columbia Court of Appeal provides guidance regarding the duty of care owed by business owners and confirmed the principles with respect to the determination...

CanadaLitigation, Mediation & Arbitration
Karen Weslowski
Karen Weslowski
Stefanie Gladders
Stefanie Gladders
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A recent case issued by the British Columbia Court of Appeal provides guidance regarding the duty of care owed by business owners and confirmed the principles with respect to the determination of a novel duty of care.

A GM Sierra pickup truck was stolen from the premises owned and operated by Dueck Downtown Chevrolet Buick GMC Limited ("Dueck"). Prior to the theft, the truck was left unattended by an employee of Dueck, Kyle Katerenchuk, with the motor running and the keys in the ignition. The truck was then stolen by the respondent David Bolton.

After activating the OnStar online navigation system in the truck the police were able to locate the vehicle and attempted to arrest Mr. Bolton. Mr. Bolton evaded arrest and, over an hour after the theft of the vehicle, was involved in three motor vehicle collisions, which resulted in serious personal injury to two other motorists: Constable Quinn Provost and Brandy Brundige.

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