Supreme Court Hearings - Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements
Joan Clements, by her Litigation Guardian, Donna Jardine v. Joseph Clements (February 17, 2012)
The applicant was severely injured while riding on a motorcycle driven by her husband, the respondent.
The trial judge found that the respondent was negligent in two respects: he was driving at an excessive speed and the motorcycle was overloaded.
The trial judge applied the material contribution test and found that causation had been established.
As a result of this, the respondent was liable for the injuries sustained by the applicant.
The Court of Appeal allowed the respondent’s appeal and dismissed the applicant’s action.