Nelson v. Saban: Ontario Superior Court of Justice Protects Motorcyclist's Right to Trial

On February 13, 2025, the Ontario Superior Court of Justice delivered a significant decision in Nelson v. Saban, 2025 ONSC 1398, dismissing a defence motion that sought to place full liability on an injured motorcyclist.

Micheal Nelson was riding his motorcycle on Craig Henry Drive in Ottawa on a clear afternoon in April 2021 when the vehicle ahead of him, driven by Jama Saban, came to a sudden and complete stop. Saban stopped to allow three cyclists to cross, even though dashcam footage showed the cyclists had already stopped safely within the wide grassy median and were waiting for traffic to pass. Nelson’s motorcycle collided with the rear of Saban’s vehicle, and he suffered serious injuries as a result.

Saban brought a motion for summary judgment, arguing that Nelson bore full responsibility as the following driver in a rear-end collision. Diamond and Diamond lawyer Patrick Poupore successfully argued that the evidence raised a genuine issue requiring a trial on liability. Justice Roger agreed, finding that Saban stopped when he was not required to do so and failed to check his rearview mirror before stopping. The court held that this conduct could constitute negligence and may have contributed to the collision by denying Nelson a safe stopping distance.

The motion was dismissed, and the court ordered Saban to pay costs of $8,347.25 to Nelson.

This decision reinforces a critical principle: drivers who stop unexpectedly and without ensuring it is safe to do so can share responsibility for a resulting collision. If you have been injured in a motorcycle accident, the team of lawyers at Diamond and Diamond have experience handling these claims. Call our 24/7 injury hotline at 1-800-567-HURT or visit our website to speak to someone now.

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