Gardiner v. MacDonald: Municipality found partially responsible for accident where public transit bus had right of way

This January 26, 2016, decision in the Ontario Courts highlights the dangers of assuming that other drivers will obey the applicable traffic signs and signals. Despite having the right of way, all drivers must still exercise proper care and determine whether it is safe to proceed.

Gardiner is a case arising from a collision between a public transit bus and an SUV, which sadly resulted three of the SUV occupants dying. The sole question at trial was what apportionment of fault the bus driver had, despite the driver of the SUV having been drinking and the bus having entered the intersection of the crash on a green light.

The Honourable Madame Justice Roccamo provided her reasons for judgment. Justice Roccamo concluded that the bus operator had been negligent in his operation of the bus and apportioned 20% of the liability for the accident to the municipality. The following principles were provided in the decision:

1. Speeding does not, in itself, constitute negligence as the question of whether a vehicle’s speed is reasonable turns on the factual circumstances, including the traffic and road conditions.
2. Although drivers may assume that other drivers will obey the applicable traffic signs and signals, drivers with the right of way must still exercise proper care and determine whether it is safe to proceed.
3. Professional drivers may be held to a higher standard of care than the general public which, in the case of bus drivers, is that of a “reasonable bus driver in like circumstances.”

Justice Roccamo concluded that the bus was speeding along its route and the operator should have driven more slowly given poor weather and road conditions. Consequently, although it was found that the bus operator had the right of way upon entering the intersection, his speed prevented him from reacting in time to the SUV, and was thus unreasonable. The Municipality was apportioned 20% at fault for the accident.

This case affirms that even drivers who are carrying on with the undeniable right of way may be found partially at fault for a car accident, and that the reasonableness of each drivers’ actions in all the circumstances must be considered.

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Erik Joffe

Erik Joffe joined Neinstein Personal Injury Lawyers LLP as a summer student in 2011, continued with his articles and is now returning as a lawyer. He completed his Bachelor of Arts at McGill University, where he obtained a double major in Political Science and Sociology and graduated with Distinction. He then went on to graduate with a J.D. from Queen’s University Law School. While at Queen’s University Erik was an active member of the Environmental Law Society, member of the Queen’s Law Journal as well as an Executive Producer of Queen’s Pro Bono Radio.

Latest posts by Erik Joffe (see all)

• Attendant Care Since February 1, 2014 - November 18, 2016
• Clarifying the Onus of Proof for Rear-End Collisions - June 9, 2016
• Gardiner v. MacDonald: Municipality found partially responsible for accident where public transit bus had right of way - April 7, 2016