The Ontario Court of Appeal has just released a decision overturning the trial judge’s findings of liability in a single car motor vehicle accident.

In Morsi v. Fermar Paving, Mark Morsi died in a single vehicle accident. His family sued the Regional Municipality of York and Fermar Paving, which the Region had retained to resurface the road upon which Morsi was driving. The parties agreed that damages were $1,700,000. The action proceeded to trial on the question of liability.