How has liability been determined for a motorist who exited a parking space into an aisle and was subsequently involved in a collision with another motorist driving in the aisle?

Ontario, Canada


The following excerpt is from L.P. v. 778561 Ontario Inc., 2005 CanLII 21543 (ON SC):

Galligan J. found the motorist who exited the parking space seriously negligent for failing to keep a proper lookout before entering the aisle. He found the motorist driving in the aisle to have been traveling at 25 mph, a speed which he considered excessive for the situation. Galligan J. concluded that the negligence of each party was a serious and contributing cause of the accident, and he divided liability equally between them. The following passage from Delfino v. Martin, supra at 251 is particularly relevant to the circumstances of the case at hand. I think it is appropriate to note that, because the parking spots are located at right angles to the aisle and the cars are parked side by side at right angles to the aisle, there are grave difficulties involved for a motorist getting out of one of these parking spaces into the aisle. There will almost certainly be a considerable restriction of his view caused by the vehicles parked on either side of him. The restriction of view can be made even more serious depending upon the type of vehicle parked beside him. Accordingly I think it must be recognized that very frequently a person leaving such a parking spot will have certain blind spots and his visibility may be restricted. While that fact does not relieve such a driver of the duty to take reasonable and proper care, it is a fact which I think must be borne in mind by persons driving along the aisles. I think persons driving in aisles such as this must know and be affixed with knowledge of the likelihood of vehicles leaving the parking spaces, entering on to the aisles with visibility restricted to some degree at least, and they must drive their vehicles accordingly. It is my opinion that a vehicle driven through one of those aisles must be driven at a very moderate, indeed I should say at a very low rate of speed.

Other Questions


Does an alternate partially successful claim for compensation against his aunt 11 months after the date of a subsequent acknowledged liability of that subsequently acknowledged liability in a claim for damages arising out of a property valuation? (Ontario, Canada)
What is the test for determining liability for a following driver who runs into another vehicle from the rear of the vehicle? (Ontario, Canada)
How does a motorcyclist who was involved in a collision with another motor vehicle have to prove that the accident caused the impairment? (Ontario, Canada)
How equity will be used to determine the liability of a physician? (Ontario, Canada)
How does the "crumbling skull" rule apply to determine liability in a motor vehicle accident? (Ontario, Canada)
What is the test for determining whether a parent's best interests is to restrict access to a parent who lives in another parent's home? (Ontario, Canada)
How has the court considered control and access to the area in question in determining whether the public had access and invited to use the area on the private property for parking purposes? (Ontario, Canada)
What is the test for determining whether a defendant’s jurisdiction has to be determined by the Court of Appeal? (Ontario, Canada)
Does bad faith and personal benefit play a role in determining personal liability? (Ontario, Canada)
Can a driver who exits a private driveway and crosses a highway from a private road or driveway avoid a collision? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.