The plaintiff was catastrophically injured when she lost control of her vehicle on a snow-covered and icy municipal road, crossing the centre line and colliding with an oncoming vehicle.
The plaintiff sued the municipality for failing to keep the road in a reasonable state of repair.
The Superior Court of Justice found that the municipality was in the midst of a winter weather event but failed to adequately treat the road, leaving it unplowed and subject to refreezing for several hours.
The court held that the road was in a state of non-repair, which caused the collision, and that the municipality failed to establish any statutory defences under the Municipal Act.
The plaintiff was found not to be contributorily negligent, and the municipality was held fully liable for the agreed-upon damages.
