Statement of Defence (Motor Vehicle Accident, Defendant Driver, Highway Traffic Act Claims) (ON)

Summary

This precedent is a statement of defence in response to a statement of claim in which the Plaintiffs suffered a fatality involving a pedestrian and a city owned vehicle in Ontario. This precedent includes practical guidance and drafting notes. The precedent sets out the particulars of the Defendants' defence to the Statement of Claim, including the claim to pecuniary and non-pecuniary damages, pre and post-judgment interest, and other costs and relief. It also contains the particulars of the Plaintiffs and the Defendants admittance and denial against the allegations of negligence made by the Plaintiff. In Ontario, drivers have a duty to obey the rules of the road under Part X of the Highway Traffic Act, R.S.O. 1990, c. H.8. Notwithstanding such legislative duty, determination of negligence of a driver depends on the application of the common law of negligence. Such approach is mandated by Ryan v. Victoria (City), [1999] S.C.J. No. 7 and was reaffirmed in Zsoldos v. Canadian Pacific ...