“Author of his/her own misfortune” is a common defence in personal injury cases and in Hamilton v. Bluewater Recycling Association, the jury reached this determination when it found that the appellant/ plaintiff was 100% responsible for the injuries he sustained when his motorcycle collided with a recycling truck driven and owned by the respondents/defendants. Nevertheless, the plaintiff appealed this decision to the Court of Appeal, which dismissed the appeal in November 2016.
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