We have acted in hundreds of cases involving significant disputes in liability or fault. Two of our significant victories involved left turning drivers.
T v. S
Left turning driver struck by speeding car. We successfully argued our client, the left turning driver, was not at fault. In her reasons for judgment, the Judge said:
"This is, in my view, one of those rare instances in which the left-turning servient driver is not at fault."
B v. G
Left turning driver struck by speeding car. We successfuly argued our client, the left turning driver, was not at fault. In his reasons for judgment, the Judge said:
"Counsel for the Plaintiff describes the speed of the Defendant's vehicle as "mach 2". I would agree. In these circumstances, by far the most important negligence is the excessive speed of the [Defendant's] vehicle."
"The difficulty for the Defendant's position is that the evidence that the Plaintiff failed to keep a proper lookout is not there. The evidence is that the Plaintiff did keep a proper lookout, no immediate hazard existed at the time he commenced his turn, and therefore I find that the damages were 100 percent the responsibility of the excessively speeding vehicle."
We have successfully negotiated settlements involving slips on ice and snow, defective staircases, trips on city sidewalks and falls in restaurants.
We successfully argued at trial that a woman who tripped on an empty pallet in a superstore should be compensated for injuries from a hazardous condition. In her reasons for judgment, the Judge said:
"It was reasonably foreseeable that customers might anticipate a passageway existed between two aisles in the place where the platform was left empty, given the platform was the same colour and configuration as the floor. It was also reasonably foreseeable that customers would be looking up at the products displayed to catch their attention. Depending on a customer's distance from the platform and whether her attention was diverted to the products on the shelves, a customer might not see the metal edging with the yellow price tags around the platform. In these circumstances, it would be reasonably foreseeable that the platform would present a danger to a customer.