The appellant suffered severe injuries after her vehicle skidded on preferential black ice on a Highway 401 bridge.
The trial judge dismissed her action against the Ministry of Transportation, finding the Ministry lacked actual or constructive knowledge of the ice.
The Court of Appeal allowed the appeal, holding that the trial judge erred in law.
The proper test is whether the Ministry knew or ought to have known of a special and highly dangerous situation creating a risk of serious and imminent harm.
Given the weather forecasts and the known risk of preferential icing, the Ministry ought to have known of the danger and failed to take reasonable remedial steps, such as an early morning inspection.
