What is the test for a negligent driver to cause injury to a pedestrian?
Ontario, Canada
The following excerpt is from Berendsen v. Ontario, 2008 CanLII 1416 (ON SC):
In Ryan v. City of Victoria,[8] Major J. held that the first branch of this test is a “relatively low threshold”. What must be shown is that a relationship of proximity existed between the parties such that it was reasonably foreseeable that a careless act by the defendant could result in injury.
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.
Other Questions
If the driver of a car is found to be a registered owner of the vehicle, can the driver also be found to have the consent of the other driver? (Ontario, Canada)
What is the test for establishing that negligence was the sole cause of injury? (Ontario, Canada)
What is the test for determining whether a defendant is liable for an injury caused by negligence? (Ontario, Canada)
What is the current state of the law on the duty of car drivers in relation to pedestrians? (Ontario, Canada)
What is the test for contributory negligence on the basis that a design defect in a suction valve caused a plaintiff to lose his hearing? (Ontario, Canada)
Is there any case law that allows a plaintiff to plead both an intentional tort of negligence and an unintentional tort of intentional negligence? (Ontario, Canada)
What is the appropriate sentence for an impaired driver convicted after trial of impaired driving causing bodily harm? (Ontario, Canada)
What is the test for establishing a probable cause in a personal injury case? (Ontario, Canada)
Does a charge of dangerous driving under s. 249 of the Criminal Code constitute a gross negligence of gross negligence? (Ontario, Canada)
How have courts dealt with the issue of negligence in the context of personal injury cases? (Ontario, Canada)
