Negligence - motor vehicle accident - child victim - 13 year old boy injured in motor vehicle collision while crossing the road - standard of care required of defendant - whether breach of duty of care by defendant- whether defendant liable Civil Procedure- defendant's failure to properly set out case in defence - facts not pleaded contained in witness statement - whether defendant ought to be permitted to rely on facts not pleaded - CPR, r. 10.5 & 10.7