An Unsafe Move – Motion Granted: Fiddler v. Vasilakos, 2014 ONSC 5774

Case Summary by Rikin Morzaria, OTLA Director, McLeish Orlando lawyer

This was a motion for summary judgment in a motor vehicle action by the third party, Mourice Ashley.  Mr. Ashley was driving his vehicle through an intersection when the defendant, James Vasilakos, turned left across his path.  Mr. Vasilakos asserted that a vehicle in front of Mr. Ashley in the left lane had stopped to allow Mr. Vasilakos to turn and Mr. Ashley pulled out into the right lane at the last minute.   There was conflicting evidence on this point.

Justice Perrell granted the motion for summary judgment.  He held that, even if he accepted the defendant Vasilakos’ version of events, there was no genuine issue for trial, and Mr. Ashley bore no portion of responsibility for the collision.  Justice Perrell noted that Mr. Vasilakos had pleaded guilty to making an unsafe move and there was no evidence that Mr. Ashley’s lane change was negligent or unlawful.  Further, there was no evidence that Mr. Ashley had any opportunity to avoid the collision.

Read the full case on CanLII

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