Majority
The judgment of the Court was delivered orally by
La Forest J.
La Forest J. -- It will not be necessary to hear you Mr. Fitch. We are all of the view that the appeal should be dismissed. The trial judge failed to consider the evidence relating to the manner in which the appellant was operating his vehicle prior to the intrusion of Phillips' vehicle onto the roadway.
Judgment accordingly.
Solicitors for the appellant: Gold & Fuerst, Toronto.
Solicitor for the respondent: The Attorney General for Ontario, Toronto.