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Court of Appeal rules that a driver who has a green light can still be partially liable

Shawn O'Connor and Madelaine Thurston
December 2014 Kelly Santini LLP, Ontario

In Sant v Sekhon 2014 ONCA 623, the respondent, Evan Sant, was a passenger in a pickup truck driven by Joel Sant. The pickup truck proceeded through a red light at an intersection and was hit by the appellant Jharmal Singh Sekhon’s freightliner. Sekhon’s freightliner had the green light at the intersection.  At trial, the jury held Joel Sant to be 95% liable and Sekhon to be 5% liable. Evan Sant, the plaintiff at trial, appealed the Superior Court of Justice decision regarding the apportionment of liability, specifically the finding of Sekhon’s liability.

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