Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 09 JANUARY 2019

Speeding And Alcohol Consumption Do Not Necessarily Equal Negligence

Miller Thomson
Miller Thomson
Contributor

Miller Thomson

Miller Thomson LLP ("Miller Thomson") is a national business law firm with approximately 500...

View firm profile
Explore more from Miller Thomson

In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim arising from a serious car accident.

CanadaLitigation, Mediation & Arbitration
Chris Blom
Chris Blom
Author LinkedIn connections

In the Ontario Court of Appeal decision of Smith v. Safranyos, 2018 ONCA 760, the Court considered an appeal from the trial decision of a claim arising from a serious car accident.

The plaintiffs were passengers in a car travelling westbound on Green Mountain Road in the City of Hamilton. The driver of the car, Safranyos, failed to stop fully at the stop sign and proceeded to make a left turn across two northbound lanes. The co-defendant, McHugh, was travelling northbound and struck the driver's side of the Safranyos car. The City of Hamilton was added as a defendant on the theory that there was a design defect in the construction of the intersection.

The trial judge apportioned 50% of liability to Safranyos, 25% to the City and 25% to McHugh.

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

BLG At The SCC – What’s Coming In The Supreme Court’s Fall 2026 Sitting Schedule

The Supreme Court of Canada held its second annual ceremony marking the opening of the judicial year at its temporary home in the West Memorial Building, with Chief Justice highlighting the Court's increased caseload and architectural features. What significant constitutional and legal challenges will the Court address in its fall 2026 session, including cases on firearm regulations, Crown immunity, and vicarious liability?
CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Article

Ontario Court Bifurcates Class Action As Practical Approach To Onerous Discovery Demands

An Ontario court granted a motion to bifurcate liability and damages stages in a class action alleging $500 million in hidden fees, finding that extensive documentary production requests were disproportionate and not relevant to determining liability. The decision addresses proportionality concerns in class actions where defendants face onerous discovery demands spanning millions of transactions over a decade.
CanadaLitigation, Mediation & Arbitration
Bennett Jones LLP
Bennett Jones LLP
Article

The Supreme Court Of Canada Reviews Québec’s Bill 21

Québec's Bill 21, enacted in 2019, bans public sector workers from wearing religious symbols and is shielded from most Charter challenges by the notwithstanding clause. The Supreme Court of Canada is now reviewing this controversial law, with a ruling expected as early as November 2026 or later in 2027. Former Minister of Justice Arif Virani discusses the court's struggle to balance competing constitutional principles in this landmark case.
CanadaLitigation, Mediation & Arbitration
Torys
Torys
Article

The Coldcard Exploit: Why Victims May Have Two Routes To Recovery

A five-year-old firmware defect in Coldcard hardware wallets has enabled attackers to systematically drain an estimated $116 million in Bitcoin from over 5,200 victims since July 2026. This unprecedented exploit raises critical questions about manufacturer liability and creates two distinct legal pathways for recovery: blockchain tracing against the perpetrators and potential litigation against Canadian manufacturer Coinkite for product defects that undermined the fundamental security promise of devices mar
CanadaLitigation, Mediation & Arbitration
WeirFoulds LLP
WeirFoulds LLP
Article

Quebec’s New Truck Licence Transfer Rules: What Ontario Carriers Need To Do Now

Ontario commercial truck drivers with less than two years of heavy-truck experience must now pass a practical road test administered by Quebec's SAAQ before transferring their licence to operate heavy vehicles in the province. This new requirement follows fatal collisions and an Ontario Auditor General audit that exposed significant gaps in training standards and provider oversight. Carriers operating across the border need to factor these requirements into workforce planning, recruitment timelines, and dis
CanadaTransport
Miller Thomson
Miller Thomson
Article

Nouvelles règles québécoises sur l’échange des permis de conduire de véhicules lourds : quelles sont les mesures à prendre par les transporteurs ontariens

Ontario truck drivers with less than two years of commercial heavy vehicle experience must now pass a practical road test administered by Quebec's SAAQ before exchanging their license to drive commercial heavy vehicles in the province. This new requirement follows a series of collisions involving heavy trucks in Quebec and a May 2026 audit revealing significant gaps in Ontario's training standards and oversight of providers. Carriers operating across the Ontario-Quebec border must now factor these requireme
CanadaTransport
Miller Thomson
Miller Thomson
Article

Canada’s Revised AML Framework: Sweeping Penalties And Compliance Requirements

Bill C-12 has fundamentally transformed Canada's anti-money laundering framework by introducing penalties up to forty times higher than previous levels and expanding compliance obligations across the financial sector. The legislation now requires all reporting entities to enroll with FINTRAC and maintain "reasonably designed, risk-based and effective" compliance programs, while imposing cumulative maximum penalties that can reach 3% of global revenue.
CanadaFinance and Banking
Miller Thomson
Miller Thomson