Wilkinson v Shapiro

The plaintiff was injured while crossing the street in Toronto when the defendant’s car struck him, leading to a trial in Ontario. However, the Court of Appeal for Ontario ordered a new trial after the jury had been asked if the defendant ‘had satisfied them that plaintiff’s loss or damage did not arise through negligence or improper conduct on defendant’s part’ by the judge (Shapiro et al v Wilkinson ([1944] 1 D.L.R. 139 ) at (443)). The defendant then appealed to the Supreme Court of Canada, where the court unanimously agreed with the Court of Appeal.