Disability/Personal Injury

Waterloo Record – Garage Found Partly Liable for Brain Injury Might Appeal to Supreme Court of Canada

The owner of a garage that was found 37 per cent liable for a brain injury a 15-year-old suffered when a car stolen from the business crashed is considering an appeal to the Supreme Court of Canada.

The Ontario Court of Appeal last week backed a jury’s finding that Rankin’s Garage & Sales in the Bruce County village of Paisley is partly liable because it left the key in the car and took no steps to prevent the car from being stolen.

Justice Grant Huscroft concluded garage owner James Rankin “could easily have met the standard of care” by locking the car and safeguarding the key.

“I think that this case raises very important issues pertaining to third-party negligence and tort law that should be addressed by the court,” said Toronto Personal Injury Lawyer Sivan Tumarkin, who heads the personal injury and insurance law group at Samfiru Tumarkin LLP. Tumarkin spoke to reporter Gordon Paul at The Waterloo Record.

Read the full article in the Waterloo Record here.

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