Executive Summary: Key Legal and Evidentiary Issues

• Apportionment of liability between the plaintiff motorcyclist and defendant driver for a left-turn collision at an intersection.

• Evaluation of statutory duties under the Motor Vehicle Act concerning yellow light entry and left-turn right-of-way.

• Use of eyewitness testimony and clear security footage as key evidentiary sources.

• Determination of contributory negligence based on the plaintiff’s decision to accelerate through a yellow light.

• Expert medical evidence used to establish permanent partial disability and its impact on future earning capacity.

• Dispute over mitigation of damages due to the plaintiff's reluctance to follow psychological treatment recommendations.

Facts and outcome of the case

Background and incident

On June 16, 2018, Timothy Lloyd Sauve was involved in a serious motor vehicle collision at an intersection in Mission, British Columbia. He was riding a motorcycle northbound when a southbound vehicle driven by 18-year-old Duncan McComish made a left-hand turn across his path. The vehicle belonged to Duncan’s father, Ian McComish, who was included in the lawsuit as the registered owner. The accident was captured by security footage, and two independent witnesses corroborated the circumstances of the crash.

Liability findings

The court found that both parties made critical errors leading to the collision. The defendant entered the intersection lawfully on a green light and waited to turn left but failed to see the oncoming motorcycle. The plaintiff admitted to entering on a stale yellow light, likely accelerating to beat the red. Both were held negligent—Duncan for failing to yield, and Timothy for failing to stop when required by law. The court applied section 128(1)(a) and section 174 of the Motor Vehicle Act, concluding that fault should be equally shared, with a 50/50 apportionment of liability.

Injuries and impact

Sauve suffered extensive injuries including a fractured lumbar vertebra, a severe tibial fracture, soft tissue injuries, chronic pain, cognitive impairments, and depression. These injuries required surgery, prolonged rehabilitation, and ultimately led to a permanent partial disability. Medical experts on both sides confirmed the long-term nature of his physical and psychological impairments, which now limit his ability to perform manual labor and engage in previous recreational activities.

Employment and damages

Before the accident, Sauve was a fiber optic cable installer. Post-accident, he transitioned into a less physically demanding role as a commercial truck driver, eventually securing a high-paying job. However, the court accepted that his long-term ability to work is compromised, especially as he ages and his injuries worsen. The court also addressed his refusal to take antidepressants or attend counseling, ultimately declining to reduce damages for failure to mitigate.

Final judgment

Justice Baird awarded Sauve a total of $796,510.82 in damages for various categories including pain and suffering, past and future income loss, future care costs, and an in-trust claim for his mother’s caregiving. However, due to the equal apportionment of liability, the final award was reduced by 50%, resulting in a net judgment of $398,255.41 in favor of the plaintiff.