Court Dismisses Bus Passenger Claim against City of Brampton

In a recent trial decision, the Honourable Mr. Justice Sproat of the Ontario Superior Court of Justice dismissed the lawsuit of a passenger of a City of Brampton transit bus, who claimed to suffer injuries on the evening of December 7, 2011, when the operator had to brake for two unidentified persons that ran out in front of the bus while it was pulling away from a stop.

Charles Painter of Paterson MacDougall LLP acted successfully on behalf of the City and its Transit Operator.  Michael Henry, a founding partner of Howie, Sacks & Henry LLP acted for the Plaintiff. The trial, which dealt only with liability lasted 3 days.

The Plaintiff, who had boarded the bus moments before, was in the process of working her way to the back seats, when the  incident happened. She fell down, despite holding onto a handrail, due to the sudden emergency application of the brakes. She claimed injuries and loss as a result of the negligence of the bus driver, for not seeing the persons who ran out in front of the bus sooner.

Video evidence played a key role in the successful defense of the City and its operator.

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