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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