Personal Injury Lawyer Tips

Episode Number 8

The Statutory Reverse Onus in Establishing Negligence:

Section 193 of Ontario’s Highway Traffic Act

In this vlog, I discuss the purpose and procedural effect of section 193 of Ontario’s Highway Traffic Act, R.S.O. 1990, c. H.8, which is used primarily by pedestrians who are hit by motor vehicles. It is nominally known as the “reverse onus” section, because it shifts the onus away from the pedestrian plaintiff to the driver, who has to disprove negligence.

I also briefly discuss the 1973 cased entitled “MacDonald v. Woodard (1973), 2 O.R. (2d) 438, 43 D.L.R. (3d) 182 (Co. Ct.), which — amongst other things — articulates the purpose of the aforementioned reverse onus section.