Prior driving record not admissible

The law is generally reluctant to draw conclusions about how a person behaved on a given occasion by looking at how they behaved on previous occasions.


In the context of assessment of fault in motor vehicle accidents this means that evidence of prior acts of negligence while driving are generally not admissible: Malton v Nesbit (1824), 171 E.R. 1106.


Similarly, evidence of being a careful driver on previous occasions is also generally not admissible: Bradshaw v. Collins (1917), 40 O.L.R. 494 at 496 (CA).



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