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ARTICLE · 24 APRIL 2018

Who's To Blame? Apportioning Liability In Civil Jury Trials

When one person negligently causes an accident, the law is clear about their responsibility.

CanadaLitigation, Mediation & Arbitration

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.

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