"Author of his/her own misfortune" is a common defence
in personal injury cases and in Hamilton v. Bluewater Recycling
Association, the jury reached this determination when it found
that the appellant/ plaintiff was 100% responsible for the injuries
he sustained when his motorcycle collided with a recycling truck
driven and owned by the respondents/defendants. Nevertheless, the
plaintiff appealed this decision to the Court of Appeal, which
dismissed the appeal in November 2016.
The facts of the case were that the appellant was operating his
motorcycle on a foggy day, with a rising sun, which was affecting
visibility. The respondent's recycling truck had its caution
lights, headlights and a strobe light. It was the driver of the
recycling truck's intention to make a left turn and the driver
indicated that his left- turn signal was on. However, the
appellant/plaintiff driver believed the recycling truck was pulling
over to the right and therefore, attempted to pass the
