Court Denies Summary Judgment To Defendant Driver With Right-of-Way

In Clarke v. Toronto Transit Commission, 2018 ONSC 6453, the Ontario Superior Court dismissed the moving defendant's motion for Summary Judgment in a case involving a collision between a motor vehicle and a pedestrian.

On July 16, 2013, the plaintiff was a passenger on a TTC bus traveling south on Keele Street. When the bus stopped in the right lane of the intersection at Keele and Donald Avenue, the plaintiff exited and then walked in front of the bus in an attempt to cross Keele. As the plaintiff stepped out in front of the stopped bus and into the left lane, he was struck by the defendant, Mr. Sosa.

Mr. Sosa brought a motion for Summary Judgment alleging that the plaintiff was responsible for the accident because he darted into traffic, past the bus, against a red light. Mr. Sosa further argued that he was entitled to proceed on the assumption that he had the right-of-way.