Court File and Parties

CITATION: Riach v. MacInnis, 2011 ONCA 6

DATE: 20110107

DOCKET: C52052

COURT OF APPEAL FOR ONTARIO

Goudge, Sharpe and LaForme JJ.A.

BETWEEN

Shawn Riach

Appellant (Plaintiff)

and

Lawrence Todd MacInnis and Maritime Electric Company Limited

Respondents (Defendants)

Counsel:

Earl A. Cherniak, Q.C., for the appellant

Malcolm Scott, for the respondents

Heard and released orally: January 5, 2011

On appeal from the judgment of Justice W. U. Tausendfreund of the Superior Court of Justice dated April 8, 2010.

ENDORSEMENT

[1] We cannot say that no jury acting judicially could have reached this verdict.

[2] There was ample evidence that the appellant had the means to avoid this accident and failed to do so. He did not apply his brakes, or slow down significantly, when approaching MacInnis from the rear. He attempted to pass to the left a driver who had his left turn signal on in a no passing section of the highway. He then took sudden evasive action which resulted in the collision.

[3] There was ample evidence for the jury to find no negligence on the part of MacInnis. He had his left turn signal on for some considerable period of time before the accident and, as he proceeded to turn left, he stopped, because he had lost sight of Riach when Riach undertook his sudden evasive action. This was a sound basis for finding no negligence on MacInnis’ part.

[4] The appeal is dismissed. Costs to the respondent fixed at $10,000.00 inclusive of disbursements and applicable taxes.

“S. T. Goudge J.A.”

“Robert J. Sharpe J.A.”

“H. S. LaForme J.A.”