What is the test for negligence in a motor vehicle accident case?

Nova Scotia, Canada


The following excerpt is from Farrell v. Casavant, 2009 NSSC 233 (CanLII):

Browne v. De Luxe Car Services, supra, was referred to by Macdonald, J.A. in Grant v. Lutes, supra, who stated at ¶ 59: .............in motor vehicle accident cases, if the driver can establish that he was driving with the ordinary care, caution and skill which a driver is required to exercise under the conditions as they existed at the time of the accident he is not to be found guilty of negligence because for some reason or other, an accident takes place owing to a skid. In other words, if he proves that he met the foregoing standard of care he has established or shown ‘a way in which the accident may have occurred without negligence.’

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