Grunerud v. Manastyrski (2005), 272 Sask.R. 156 (PC)

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Temp. Cite: [2005] Sask.R. TBEd. SE.037

Douglas Grunerud (plaintiff) v. Loen Manastyrski (defendant)

(SCA 30/05; 2005 SKPC 86)

Indexed As: Grunerud v. Manastyrski

Saskatchewan Provincial Court

Small Claims Court

Green, P.C.J.

August 23, 2005.

Summary:

The plaintiff sued the defendant for damages arising out of an automobile accident.

The Saskatchewan Provincial Court, Small Claims Court, dismissed the action.

Torts – Topic 436

Negligence – Motor vehicle – Rules of the road – Intersections – Entering – Manastyrski was proceeding north on Winchester St. intending to turn left (west) onto Bradbrooke St. – He stopped his vehicle at the stop sign at the intersection of Winchester and Bradbrooke and signalled a left turn – He saw a van approaching slowly from the west, towards the right side of the lane on Bradbrooke – The van’s right turn signal was on – Manastyrski looked to his right, entered the intersection and realized that the van was directly in front of him – The vehicles collided – The van’s driver (Grunerud) sued Manastyrski – The Saskatchewan Provincial Court, Small Claims Court, dismissed the action – Manastyrski had a reasonable expectation that Grunerud was turning right onto Winchester – Manastyrski was entitled to act on the van’s turn signal.

Torts – Topic 543

Negligence – Motor vehicle – Signals and warnings – Direction signal – Reliance by other person on – [See
Torts – Topic 436
].

Cases Noticed:

Zimmer v. Koopman (1996), 145 Sask.R. 1 (Q.B.), refd to. [para. 13].

Counsel:

Douglas Grunerud, appeared himself;

Loen Manastyrski, appeared himself.

This action was heard at Yorkton, Saskatchewan, by Green, P.C.J., of the Saskatchewan Provincial Court, Small Claims Court, who delivered the following judgment on August 23, 2005.

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Grunerud v. Manastyrski

(2005), 272 Sask.R. 156 (PC)

Court:
Provincial Court of Saskatchewan
Reading Time:
6 minutes
Judges:
Green 
[1]

Green, P.C.J.
: The plaintiff Douglas Grunerud claims against the defendant Loen Manastyrski as a result of an automobile accident on July 12, 2004 in Yorkton, at the corner of Bradbrooke Drive and Winchester Street. Mr. Grunerud’s claim is that Mr. Manastyrski caused this accident through his negligence. He claims in the amount of $700, his deductible, and has the burden of proving that Mr. Manastyrski was negligent on a balance of probabilities.

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