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Gardiner v MacDonald (damage award for catastrophic injury caused by negligence)

Our Personal Injury Group was successful in 2016 in securing a considerable damages award in the case Gardiner v MacDonald.

We were successful in the trial conducted in the Ontario Superior Court of Justice, and the trial judge’s decision was upheld by the Court of Appeal. Our client, Mr. Gardiner, was a passenger in a vehicle that was T-boned by an OC Transpo bus in January 2008. Three of the car’s occupants were killed and Mr. Gardiner was catastrophically injured.

The driver of the car had been drinking, and entered an intersection on a red light. It was also later discovered that the bus that collided with the car had been speeding. Peter Cronyn and Jessica Fullerton represented the plaintiff, and the issue dealt with whether the City of Ottawa was liable for the collision and resulting losses.

The court found that the OC Transpo bus driver was partially liable, and apportioned the responsibility 80% to the driver of the car, and 20% to the bus driver. Mr. Gardiner was awarded $2.1 million in damages.



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