There are MVA tort cases in /insurance-auto that could be transferred here.
CASES
. Morales v. Laguardia
In Morales v. Laguardia (Ont CA, 2024) the Ontario Court of Appeal noted this in relation to sudden auto accidents:
[12] We begin by noting, as did the motion judge, that in Gill v. Canadian Pacific Railway, 1973 CanLII 2 (SCC), [1973] S.C.R. 654, the Supreme Court of Canada stated, at p. 665:
It is trite law that faced with a sudden emergency for the creation of which the driver is not responsible he cannot be held to a standard of conduct which one sitting in the calmness of a courtroom later might determine was the best course.
. Sanson v. Paterson
In Sanson v. Paterson (Ont CA, 2023) the Court of Appeal cited an HTA provision setting out the onus of proof for MV accidents:
[12] Section 193(1) of the Highway Traffic Act provides:
When loss or damage is sustained by any person by reason of a motor vehicle on a highway, the onus of proof that the loss or damage did not arise through the negligence or improper conduct of the owner, driver, lessee or operator of the motor vehicle is upon the owner, driver, lessee or operator of the motor vehicle.
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