Taylor v. Asody

The trial judge's finding that it was not practicable to determine the respective degrees of fault and his consequent application of s.5 of The Negligence Act is a factual finding entitled to deference; absent demonstrable error the appellate court should not substitute its own apportionment. Accordingly the trial judgment deeming the parties equally at fault is restored.

Citation: [1975] 2 SCR 414
Parties: Appellant/plaintiff: Robert Taylor; Respondent/defendant: Emerick Asody
Court: Supreme Court of Canada
Jurisdiction: Canada
Judgment Date: 1 October 1974
Procedural Posture: Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario
Outcome: Appeal allowed with costs; judgment at trial restored
Legal Topics: Contributory Negligence, Apportionment of Fault, Negligence Act S.5
Source Language: English

Torts Negligence Appeal Contributory Negligence Apportionment of Fault Negligence Act S.5

Case Brief

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Full judgment text Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 2

Parties

Robert Taylor

Appellant/plaintiff

Emerick Asody

Respondent/defendant

Procedural Posture

Appeal / Appeal to the Supreme Court of Canada From the Court of Appeal for Ontario

Legal Issues

1 Whether s.5 of The Negligence Act permits trial judge to deem parties equally at fault when not practicable to apportion
2 Whether an appellate court may substitute its own apportionment when the trial judge applied s.5
3 Standard of review for factual findings and apportionment of negligence

Ratio Decidendi

Court Disposition

Appeal allowed with costs; judgment at trial restored

Orders

Appeal allowed with costs
Trial judge's judgment restored: parties deemed equally at fault under s.5 of The Negligence Act