Does the trial judge properly instruct the jury to find that the respondent was in breach of s. 10?
Ontario, Canada
The following excerpt is from Gaylor-King v. McElwain, 2012 ONCA 405 (CanLII):
The trial judge properly instructed the jury in respect of its determination of the negligence of the respondent should it find that the appellant was in breach of s. 10: see Walker v. Brownlee, 1952 CanLII 328 (SCC), [1952] 2 D.L.R. 450 at para. 49.
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