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Ontario court strikes down allegations that would significantly increase designated drivers’ responsibilities


June 1, 2010   by Canadian Underwriter


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The Ontario Superior Court has struck down sections of a statement of claim that would have significantly increased the responsibility of a designated driver to look after intoxicated passengers.
The court dismissed allegations that would have effectively imposed on designated drivers a duty of care to supervise and control their passengers’ alcohol consumption prior to driving away in a car.
“In my view, there is no chance that a sensible trier of fact would impose such duties on a designated driver,” Ontario Superior Court Justice Edward Belobaba concluded in a short endorsement in Richardson v. Sanayhie.
The case has yet to go to trial.
Parts of the statement of claim will make it to trial. This includes the responsibility of a designated driver to slow down or come to a stop when an intoxicated passenger threatens to jump out of the car.
The case involves auto accident injuries Inga Richardon sustained while her common-law spouse, Joey Sanayhie, was driving them both home after a house party.
In advance of their arrival at the party, Sanayhie agreed to be the designated driver.
At the party, Richardson drank enough to be intoxicated.
Richardson and Sanayhie got into a fight during the drive home. Richardson became agitated, and then threatened to jump out of the car. Sanayhie kept driving.
Richardson then jumped out of the car and suffered catastrophic injuries, including a traumatic brain injury. She sued Sanayhie, alleging that he breached numerous duties of car as a designated driver. These allegations have not been proven in court.


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