NEGLIGENCE - Contributory negligence - Apportionment of liability - Motor vehicles - Pedestrians

Law360 Canada ( December 18, 2025, 9:36 AM EST) -- Appeal by Basmadjian of trial jury’s decision that found her 90 per cent at fault for an accident. Basmadjian was a pedestrian and was struck by Anna Lidia Kovac. On the day of the accident, Basmadjian, familiar with the crosswalk, began crossing the road without activating the pedestrian lights. As she jogged in front of a slowing bus, she failed to look left and struck Kovac’s truck as it overtook the bus. Kovac knew she was not allowed to pass a vehicle that was stopped at a crosswalk for a pedestrian but incorrectly assumed the bus in the right lane was slowing to stop at the bus stop to the west of the intersection and crosswalk. Basmadjian sustained significant injuries. At the liability only trial, the jury found Basmadjian 90 per cent and Kovac 10 per cent at fault for the accident. Basmadjian argued the trial judge erred by failing to instruct the jury that she had the right of way and that Kovac breached s. 179(3) of the Motor Vehicle Act (MVA). Kovac maintained the charge to the jury was error-free and that the jury’s division of liability was understandable and appropriate....
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