What is the test for contributory negligence against an injured plaintiff?

Ontario, Canada


The following excerpt is from Millar v. Waring, 2009 CanLII 22799 (ON SC):

The court is not restricted from finding contributory negligence against an injured plaintiff even where, as in this case, the plaintiff is injured to an extent far beyond what he could have envisaged when he decided to involve himself in the situation. In Mellanby v. Chapple [1995] O.J. No. 1299 (S.C.J.) at para.51, the court stated the principle which I find is “a propos” to the case at bar: The law does not require that he foresee precisely what might take place but simply that he take care for his own safety. He should have foreseen the chance for personal injury and he should have been careful to avoid that possibility.

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