Duncan v Taylor, 2015 ONSC 7186

Released November 18, 2015 | Decision

The defendant moved for summary judgment in this action arising from a motor vehicle collision. The basis of the defendant’s motion was the plaintiff’s conviction for failing to yield the right of way pursuant to the Highway Traffic Act, following a trial. According to the defendant, the finding of guilt resolved all liability issues against the defendant. The plaintiff resisted the motion on the basis that the HTA trial only established that there was some negligence attributable to the plaintiff; it did not resolve the issue of whether the defendant had also been negligent or the percentage of negligence applicable to each driver. Justice Glass agreed with the plaintiff’s position, holding that (1) the plaintiff was not attempting to re-litigate the HTA trial as he conceded that he had failed to yield the right of way; and (2) the HTA trial had not resolved issues with respect to the defendant’s negligence or the respective negligence of the parties.

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Rikin Morzaria
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For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.

Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.

Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.

Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.