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SANT V. SEKHON:

Updated: May 30

AVA HILLIER SUCCESSFULLY ESTABLISHES LIABILITY AGAINST A DRIVER ENTERING AN INTERSECTION

Ava Hillier was counsel for the plaintiff in Sant v. Sekhon. Mr. Sant was injured after a freightliner collided with his brother’s pickup truck which had entered an intersection on a red light. The freightliner had the right-of-way and proceeded into the intersection on a green light. In the face of these facts, as found by the jury, Ava Hillier successfully established 5 percent liability on the driver of the freightliner truck by establishing that even a driver who has the right-of-way still has an obligation to exercise reasonable care after entering an intersection on a green light. This decision was appealed by the Insurer to the Ontario Court of Appeal. In September 2014, Ontario’s Court of Appeal upheld the jury’s decision at first instance.

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