A four-year-old child suffered catastrophic injuries after running into the path of an empty school bus.
A jury found no negligence by the driver, but the provincial appellate court ordered a new trial based on concerns that jury instructions on right-of-way rules improperly suggested fault by the child.
The Court held the instructions were legally proper when read as a whole and were directed to the driver's standard of care, not the child's liability.
The appeal was allowed, the cross-appeal dismissed, and the original trial judgment was restored.
