Antypas v McKeon

The appeal in *Antypas v McKeon* concerned a motor accident involving a child. The appellant, the driver of the vehicle, appealed a decision made by the primary judge. The respondent was the child injured in the accident.

The central legal issue before the Court of Appeal was whether the primary judge had erred in finding the appellant negligent. This involved considering the onus of proof in cases involving child pedestrians and the standard of care expected of drivers in such circumstances.

The Court of Appeal affirmed the primary judge's finding of negligence. It was held that the onus of proof in a negligence claim arising from a motor accident involving a child does not shift to the defendant simply because the plaintiff is a child. The court applied the established principles of negligence, requiring the plaintiff to prove on the balance of probabilities that the defendant breached their duty of care and that this breach caused the plaintiff's injuries. The court found that the evidence supported the primary judge's conclusion that the appellant had failed to exercise reasonable care in the circumstances.

The appeal was dismissed, and the appellant was ordered to pay the respondent's costs of the appeal.