Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim?
Ontario, Canada
The following excerpt is from Woods et al v. Jackiewicz et al, 2013 ONSC 519 (CanLII):
In Wilson v. Lind, [1985] O.J. No. 535, Justice O’Brien held: “our courts have held for a long time, and for good reason, that prior negligence of a party is generally irrelevant to proof of subsequent negligence.” Similar fact evidence is an exception to this general statement.
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