Is a contributing negligence defence in a motor vehicle accident?
Ontario, Canada
The following excerpt is from R. v. Aguiar, 2002 CanLII 12938 (ON SC):
Mr. Justice Cory in Harbottle v. The Queen (1993), 1993 CanLII 71 (SCC), 84 C.C.C. (3d) 1 at p.7 indicated that contributing negligence of the victim is no defence to criminal liability in Canada. CONCLUSION Was the accused's driving criminally negligent?
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