The plaintiff moved for summary judgment on liability arising from a highway collision in which she was struck from behind while walking on the shoulder.
The court applied the post-Hryniak summary judgment framework and held there was no genuine issue requiring a trial on the liability issues.
The driver was found negligent given his undisclosed seizure history, recent seizure, alcohol consumption, late medication use, and breaches of G1 licence conditions.
The court also found negligent entrustment against the defendant who allowed him to drive and held the vehicle owners vicariously liable under s. 192 of the Highway Traffic Act.
The plaintiff was permitted to proceed to an assessment of damages, and partial indemnity costs were fixed.
