The City of Hamilton moved for summary judgment to dismiss the plaintiff's claim for injuries sustained while cycling on an off-road path adjacent to Stone Church Road East.
The plaintiff, Otto Bello, suffered complete tetraplegia after riding into a culvert.
The City argued the claim was barred by s.44(8) of the Municipal Act, 2001, as the accident occurred on an untravelled portion of a highway.
The court found that clearly marked bicycle lanes were available, and the plaintiff chose an informal, untravelled path.
The court concluded that it was not reasonably foreseeable that cyclists would use the off-road path instead of the provided bicycle lanes, thus granting summary judgment to the City and dismissing the plaintiff's action.
