The plaintiffs were injured when the SUV they were passengers in ran a red light and was struck by an OC Transpo bus.
The driver of the SUV was killed and admitted to be primarily at fault.
The plaintiffs sued the bus driver and the City of Ottawa, alleging the bus driver was also negligent.
The court found that the bus driver, despite having the right of way, owed a duty of care to avoid the collision.
The court held that the bus driver breached the standard of care of a professional driver by speeding, failing to adjust his driving for the snowy and slushy road conditions, and momentary inattention.
Relying on expert accident reconstruction evidence, the court concluded that but for the bus driver's negligence, the accident could have been avoided.
Liability was apportioned 80% to the SUV driver and 20% to the bus driver.
