Tryon v. Packham, 2022 ONSC 7210

This personal injury MVA action was dismissed by a jury following a 13 day trial. The jury concluded that the defendant was not negligent despite having rear ended the plaintiff. The jury accepted that the accident was caused due to the defendant’s sudden seizure. The jury further held that it was reasonable for the defendant to have been driving, and that he had no reason to anticipate the onset of the seizure. The defendant was awarded costs in the full amount sought: $140,109.10 inclusive of HST. In its analysis, the Court considered the factors under Rule 57 and accepted the defendant’s submissions in that regard.