Injustice in Orillia

Mr. Witteman was perfectly within his right to ride his bicycle on Highway 11. And at this point there is no benefit to arguing whether it was a safe or prudent thing to do. The fact remains that it is legal, and it is what Mr. Witteman chose to do.

So if Mr. Witteman was following the rules of the road, but yet struck in the head with a roof truss carried on the back of a truck, and the driver of that truck was obligated by the Highway Traffic Act to allow for sufficient room when passing other vehicles (and note that bicycles are defined as vehicles under the Act), and his failure to allow sufficient room resulted in the collision, then how is it appropriate, sensible, logical or rational not to pursue the matter in court?