The Ontario Superior Court of Justice recently revisited “inevitable accident” in a successful defence summary judgment motion brought by the Estate of the target defendant.
The defendant driver suffered a seizure while driving home from work and his vehicle collided with the plaintiffs’ vehicle. The plaintiffs claimed personal injury damages allegedly arising from the accident and the defendant’s negligence.
At the time of the accident, the defendant had brain cancer, but was seizure-free for about 18 months. Sadly, he succumbed to his illness after the accident. Leading up to the accident, he worked full-time as a construction worker including operating machinery. The Court found that “the medical evidence indisputably supports the finding that he suffered a sudden loss of consciousness despite having taken the reasonable precautions of following physician advice and medication.”
The plaintiffs argued that he should have known he was at risk of having another seizure, and that he was under a heavy duty to prevent harm to other highway users.
The Court reaffirmed that the standard a driver must meet is one of reasonable care. The defendant was not liable for the accident in the circumstances, and the plaintiffs’ claims were dismissed as there was no triable issue.
