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A passenger's personal injury action was dismissed because the bus driver met the standard of care when braking suddenly to avoid jaywalking pedestrians.
The plaintiff, Valrose Taylor, brought an action for injuries sustained after falling on a City of Brampton bus due to sudden braking.
The parties agreed on damages, leaving only the question of liability.
The court examined the bus driver's standard of care, considering the sudden braking event caused by pedestrians running in front of the bus.
The court found the driver met the standard of care of a reasonable bus driver in the circumstances, as he had to brake immediately to avoid serious injury or death to the pedestrians.
The action was dismissed.
Court approves infant settlement but disallows further legal fees from minor’s recovery.
The plaintiffs brought a motion under Rule 7.08 of the Rules of Civil Procedure seeking court approval of a settlement involving a minor plaintiff arising from the death of her father in a motor vehicle accident.
The proposed settlement allocated $206,875 to the minor for loss of care, guidance and companionship under the Family Law Act.
The court found the settlement amount reasonable but raised significant concerns regarding counsel’s disclosure and the proposed solicitor‑client fees.
The materials were confusing and inconsistent, and the court concluded the firm had already been adequately compensated through costs recovered from the defendant and premiums charged to other plaintiffs.
The settlement was approved, but no further fees or disbursements were permitted to be deducted from the minor’s portion.
