Aziz v Kidd

Aziz, the plaintiff, sued Kidd, the defendant, for damages resulting from a motor vehicle accident that occurred at a controlled intersection with traffic lights. The primary dispute was whether the traffic light was red or green at the time of the collision, and whether the plaintiff could have reasonably taken extra precautions given the circumstances. The case was heard in the Federal Circuit Court.

The central legal issues were whether the defendant was negligent and, if so, whether that negligence was the cause of the plaintiff's injuries. Specifically, the court needed to determine whether the defendant breached a duty of care owed to the plaintiff and whether this breach caused the plaintiff's injuries. The court also had to consider whether the plaintiff, in turn, was contributorially negligent.

The court found that the traffic light was green at the time of the accident. It held that the defendant was not negligent as they had complied with all traffic laws and signals. The court also determined that the plaintiff could not have reasonably foreseen the risk of the bus turning left and therefore did not owe an extra duty of care. The court found that the plaintiff's contributory negligence in not paying sufficient attention to the road while driving contributed to the accident. Consequently, the plaintiff's claim was dismissed. The plaintiff was ordered to pay the defendant's costs, with the entry of this order stayed for two weeks to allow for any potential application for a varied costs order.