A passenger in a Surrey traffic crash in 2015 is suing the City, claiming it failed to trim trees that obscured a stop sign.
Pritpal Singh Dhanda was a passenger in a vehicle involved in a collision on April 6, 2015 at a stop sign-controlled intersection. The City of Surrey was named as a defendant in the case, along with the drivers and owners of the vehicles, with Dhanda claiming the City failed to properly inspect, maintain and trim trees that obscured the sign.
The notice of civil claim was issued on July 17, 2015 and the City filed its response on Feb. 19, 2016.
In his Sept. 6 judgment, rendered in B.C. Supreme Court in Vancouver, Master Bruce Elwood noted there are two related actions rising from the crash, with Surrey listed as a defendant in both of those as well.
Elwood noted that all parties have “tentatively agreed” on a liability-only trial in the three actions to begin on Feb. 14, 2022.
“Through inadvertence, Surrey did not issue a third party notice against the property owners in the present action,” Elwood said. “Surrey acknowledges that the basic limitation period for a claim of contribution or indemnity under the Limitation Act has expired.”
“The limitation period for a claim by Surrey of contribution or indemnity against the proposed third parties has expired,” he concluded. Accordingly, he decided to dismiss its application under Supreme Court Civil Rules for leave to file a third party notice.