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Court of Appeal Upholds Relief from Forfeiture in the Case of Imperfect Compliance

Jennifer Cox
October 2016 Kelly Santini LLP, Ontario

Dams v TD Home and Auto Insurance Company 2016 ONCA 4

This case concerned the appeal and cross-appeal of a Superior Court of Justice decision from November 2014. On June 26, 2009, the appellant, Wolfgang Dams, stopped his motorcycle for a red light at an intersection. Mr. Dams slowly turned to make a legal right turn on the red light. Before he fully merged, he checked his left and he saw a dark vehicle speeding towards him. He hit his brakes to avoid hitting the vehicle but in doing so, he fell and his bike landed on top of him, causing an ankle injury.

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