Case information

Torts — Product liability — Negligent product design — Should the risk-utility analysis employed by Canadian courts in cases of negligent product design be recalibrated to ensure that gravity of harm is given mandatory and prominent consideration consistent with the direction in Ryan v. Victoria (City), [1999] 1 S.C.R. 201? — How do regulatory and industry standards inform the assessment of the objective reasonableness of the manufacturer’s conduct where the manufacturer relies on regulatory inaction to support its conduct?

Case summaries are prepared by the Office of the Registrar of the Supreme Court of Canada (Law Branch). Please note that summaries are not provided to the Judges of the Court. They are placed on the Court file and website for information purposes only.

A tour bus that was not equipped with passenger seatbelts was involved in a single vehicle accident on a highway in British Columbia. The bus crashed and rolled onto its side. The applicant, one of 55 passengers, was seriously injured after she was partially ejected through a side window.

The applicant brought several claims including against the respondent bus manufacturer for negligent design in failing to incorporate seat belts into the design of the bus and for failure to warn of the dangers of riding in a bus without seatbelts. The trial judge at the Supreme Court of British Columbia dismissed all claims. The Court of Appeal unanimously dismissed the applicant’s appeal from her claims against the respondent for negligent design and failure to warn. The court saw no reason to interfere with the trial judge’s decision.