<Contributory Negligence> MVA client’s spouse (Karen Brown) was awarded damages under s. 61 of the Family Law Act, R.S.O. 1990, c. F.3. However, certain damages can be reduced by 32.5 per cent or more if the jury found Mr. Brown (driver) to be contributorily negligent.

Rule 9(4) of the Fault Determination Rules(R.R.O. 1990, REGULATION 668) of Insurance Act

If only automobile “C” is in motion when the incident occurs, (a)   in the collision between automobiles “A” and “B”, neither driver is at fault for the incident; and (b)   in the collision between automobiles “B” and “C”, the driver of automobile “B” is not at fault and the driver of automobile “C” is 100 … Read More