When one person negligently causes an accident, the law is clear
about their responsibility. But when negligence acts on the
part of a number of different parties combine to create a single
accident, how should responsibility for that accident be
apportioned between them? This was recently addressed by the
Ontario Court of Appeal in its recent decision in Parent v Janandee Management Inc.
On a windy day in 2002, the plaintiff and her husband were
walking in Toronto's financial district when she was knocked to
the ground by a flying, 40-pound wooden A-Frame sign.
Having suffered a broken nose, fractured orbit and traumatic
brain injury, the plaintiff sued Janandee Management Inc.
("Janandee"), the advertiser, and T.S. Contracting Ltd.
operating as "Upright Signs" ("Upright Signs")
for negligence. Upright Signs had been contracted by Janandee to
install A-Frame signs at designated intersections in the area.