A tragic motor vehicle accident occurred on November 22, 2000, when a 20-year-old driver lost control of her vehicle on a snow-covered regional road during a winter storm and collided with an oncoming school bus, sustaining catastrophic injuries.
The plaintiff and her family sued the municipality for negligence, alleging failure to maintain the road in a reasonable state of repair under the Municipal Act.
At trial, the municipality was found 100% liable for approximately $12 million in damages.
On appeal, the municipality challenged the trial judge's findings regarding statutory defences under sections 284(1.2) and 284(1.3) of the Municipal Act and the trial judge's rejection of a contributory negligence claim.
The Court of Appeal upheld the trial judgment, finding that the municipality had actual or constructive knowledge of the risk of road refreezing and failed to take reasonable steps to prevent the hazardous conditions that caused the accident.