No duty to inspect tires

R. v. Delorey [2010] N.S.J. No. 389 is a dangerous driving case from the Nova Scotia Court of Appeal. The reasoning may also apply to provincial careless driving cases.

The accused was convicted at trial of dangerous driving causing death. A central fact in the conviction was the condition of the vehicle's tires.

The trial judge held there was a duty of care upon the accused to inspect the condition of the vehicle tires. The unsafe condition of the tires was a critical factor in ordering a conviction. The accused had no actual knowledge of the condition of the tires.

The Court of Appeal held such a duty to inspect was not established. The Court went on and held even if a duty to inspect existed, the trial judge erred in finding that a breach of that duty constituted a marked departure from the standard expected of a reasonably prudent person.