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A driver who suffers a sudden seizure is not liable in negligence if they reasonably followed medical advice regarding their fitness to drive.
The plaintiffs brought a personal injury action against the estate of a deceased driver who caused a multi-vehicle collision after suffering a sudden seizure.
The defendant estate moved for summary judgment, arguing the collision was an inevitable accident caused by a sudden medical emergency.
The court found that the driver had followed all medical advice, complied with his medication regimen, and had no reason to anticipate the seizure.
Consequently, the court granted the motion for summary judgment and dismissed the action, holding that the driver met the standard of reasonable care.
Appeal dismissed; Adjudicator did not err by ignoring financial documents the appellant failed to enter into evidence.
The appellant appealed a Licence Appeal Tribunal decision denying his claim for income replacement benefits following a motor vehicle accident.
The appellant argued the Adjudicator breached procedural fairness and erred in law by failing to consider financial documents contained in his voluminous document brief.
The Divisional Court dismissed the appeal, finding no breach of procedural fairness or error of law, as the appellant had failed to enter the documents into evidence despite multiple directions and opportunities from the Adjudicator to do so.
The court also upheld the denial of an award for unreasonably withheld payments.
