The appeal of this matter related to a determination of liability at trial.  The trial decision resulted in the defendant being found 80% liable for the motor vehicle accident in question. 

The details of the accident are that the Plaintiff was driving up a hill between 12 and 22 km/hour over the speed limit.  The Defendant was turning left on a yellow light in front of the path of the Plaintiff.  The Plaintiff did not slow down upon seeing the light at the intersection turn yellow. 

The Court of Appeal upheld the trial judge's finding declaring that it was reasonable in the circumstances.  The Court of Appeal did, however, indicate that another judge might have apportioned fault differently. 

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