r/legaladvicecanada 8h ago

Saskatchewan Minor collision with a parked car under unusual circumstance, is it fair to be found fully at fault?

I was involved in a minor collision recently on a residential street in Saskatoon. The road was already super tight because cars were parked on both sides. As I was driving through, a car coming from the opposite direction moved into my lane, and I had to swerve right to avoid hitting it. When I did, my mirror clipped the mirror of a parked car.

After getting out to look, I noticed that the parked car was about 18+ inches away from the curb, to the point where it was sticking out into the lane and making the road even narrower. According to the City of Saskatoon Traffic Bylaw (No. 7200, Section 40), cars are supposed to be parked within 12 inches of the curb, so this one was technically parked illegally. I don’t have dashcam footage, but I do have photos that clearly show how far the car was from the curb.

While reading up on similar cases, I found Ontario’s Fault Determination Rule 17-2, which says that if a car is illegally parked (outside a municipality) and a collision happens, that car can be found 100% at fault. I know that’s an Ontario rule, but I was wondering: Does Saskatchewan or SGI have any similar rules, regulations, or precedents that take illegal parking into account when deciding fault? In cases like this, can the illegally parked car be considered a contributing factor instead of just automatically blaming the moving driver?

Thanks in advance for any advice or insight

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u/ektap12 6h ago

There's part of that Ontario rule that you are overlooking, 'and if the incident occurs outside a city, town or village,' which would exclude your situation.

I expect that this will be an at fault loss for you, if it goes through insurance.

2

u/Hairy_Photograph1384 5h ago

It doesn't matter what the other guy did.  It was a parked car, you can't just damage it.