This is an important decision involving an injured person’s ability to access justice without delay. It involves a woman who suffered a catastrophic brain injury when she was hit by a motor vehicle as a pedestrian. The case was commenced in Barrie, where trial dates are readily available. The defence brought a motion to transfer the trial to Toronto. The Toronto system is backlogged and a transfer to Toronto would have meant that the trial would be delayed for three years.
A person who has been injured as a result of the negligence of another person is entitled to compensation. The general rule is that the injured person has the responsibility […]