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.