What factors will the court consider in determining the cause of death for a motorcyclist who lost control of his bike over a busy intersection?
Ontario, Canada
The following excerpt is from R. v. Phillipo, 2011 ONCJ 424 (CanLII):
[54] In considering the nature and condition of the area travelled, the court will need to review the physical surroundings. Is the time of day or night one in which there is more likely to be danger to members of the public or other users of the roadway? Is it in a rural, isolated area or a busy urban centre? Is it, like Blaz v. Dickinson, late on a Saturday morning at the intersection of two busy roads in urban Toronto? Or, as in this case, is it in the middle of the night in a more rural area?
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