1. Page 1
Case Name:
Dasilva v. Ighodalo
Between
Kerry Dasilva, Plaintiff, and
Abhumhen L. Ighodalo, Defendant
[2007] O.J. No. 5158
163 A.C.W.S. (3d) 663
Court File No. SC-00028736-0000
Ontario Superior Court of Justice
Small Claims Court - Toronto, Ontario
C. Ashby Deputy J.
November 13, 2007.
(5 paras.)
Tort law -- Negligence -- Evidence and proof -- Motor vehicles -- Liability of driver -- The plaintiff's
insurer was awarded $10,000 in damages in a subrogated claim for damage sustained in a motor
vehicle accident -- The defendant had stopped at the stop sign, but then proceeded when it was
unsafe to do so.
The plaintiff's insurer sought damages for injuries suffered in a motor vehicle accident in this
subrogated claim where the amount of damages was not in dispute -- The plaintiff's car was struck
while proceeding northbound -- HELD: The defendant was solely responsible for the accident and
the insurer was awarded the agreed-upon sum of $10,000 plus pre-judgment interest -- The
defendant's vehicle had stopped at a stop sign, but then proceeded when it was unsafe to do so --
Despite the difficult conditions, including rain and construction, it was incumbent on the defendant
not to cross until safe to do so.
Counsel:
Agent for the Plaintiff: Mr. M. Riddell.
Counsel for the Defendant: Mr. R. Odeleye.

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REASONS FOR JUDGMENT
1 C. ASHBY DEPUTY J.:-- This action is for damages resulting from a motor vehicle
accident on December 10, 2004. It is a subrogated claim made by the insurer of the plaintiff and the
amount of the damages are not in dispute. The insurer paid out more than $10,000 to repair the
plaintiff s vehicle, as appears from the affidavit of Mr. Titus filed at trial, but limits the claim to
$10,000.
2 The defendant attached to his Defence what appeared to be a valid policy of insurance, but
after the evidence of Ms. Roach from TD Insurance, it is clear that that policy had been cancelled
and the defendant was without insurance at the time of the accident. Ms. Roach had sent a registered
letter dated June 1, 2004, to the defendant by registered mail, which the defendant had signed for.
This letter cancelled the policy of insurance due to a major conviction of the defendant within the
last 3 years preceding the policy date.
3 I find the defendant to be solely responsible for the accident. The plaintiff was proceeding
northbound on Dovercourt on the morning of December 10, 2004. As she approached Geary
Avenue, the car being driven by the defendant struck her vehicle. The defendant's vehicle had
stopped at the stop sign at Geary Avenue but then proceeded into Dovercourt when it was not safe
to do so. He intended to cross over Dovercourt and continue east on Geary. The conditions were
difficult, as it was raining and there was construction on Dovercourt. However it was incumbent on
the defendant to not cross Dovercourt until it was safe to do so. The impact of the collision sent the
plaintiffs vehicle almost into the building on the northeast corner of the intersection. The damage to
the plaintiff's vehicle was solely to the left side.
4 The police were called and the defendant relied on the fact that he was not charged. The
police report however states that the vehicles had been moved by the time the officer arrived so he
was unable to determine liability.
5 As a result of hearing the evidence of both parties and in particular the nature of the roads the
parties were travelling on, the nature of the damage to the plaintiffs vehicle, I find the plaintiff is
entitled to judgment for $10,000.00 plus prejudgment interest from December 10, 2004, to today's
date at the rate of 2.8% per annum. If they wish the parties may make written submissions on costs
through the court office within fourteen days of the receipt of these reasons.
C. ASHBY DEPUTY J.
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