What is the effect of a learned trial judge's finding that two drivers were not at fault in a motor vehicle accident?
Saskatchewan, Canada
The following excerpt is from Johnny's Taxi v. Ostoforoff, 1962 CanLII 306 (SK CA):
I do not think it necessary to review the facts in detail, as on a careful reading of the evidence I agree that the learned trial Judge was right in finding both drivers at fault. The question which arises is whether the degrees of fault, as found by the learned trial Judge, should be disturbed. It is a well recognized principle that when a trial Judge has apportioned degrees of responsibility, his decision ought not to be disturbed unless in his judgment he made an error in law or in fact: vide Berry v. Sparks (1955), 1955 CanLII 236 (SK CA), 1 D.L.R. (2d) 583.
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