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Nov 4, 2008

2008 CanLII 57161 (ON S.C.), [2008] O.J. No. 4419

Hubbard v. Saunders

Related Lawyer Kimberly Jossul

In this Ontario Superior Court decision, the issue was whether there was a duty on a driver entering a controlled intersection to anticipate danger before entering the intersection. Our client, the defendant, entered the intersection on a green light and was struck by a stolen vehicle that went through a red light. The plaintiff was in turn struck by the defendant vehicle. The action was dismissed against the defendant on the basis that he was the "dominant driver with a green light and entitled to the right of way. . . [and] was entitled to assume that all other drivers would obey the rules of the road and stop for the red light. There was no evidence on the record to suggest that the Defendant was aware of the risk posed."

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