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The Court of Appeal ordered a new trial on municipal liability for a winter road accident, finding the trial judge applied an incorrect standard of repair.
On appeal from a trial judgment finding the municipal defendants liable for damages arising from a motor vehicle accident on a rural road during winter conditions.
The appellants challenged the trial judge's interpretation and application of the Municipal Act, 2001 duty to clear roads of snow and ice.
The trial judge found the road in a state of non-repair and held the municipality failed to take reasonable steps to prevent or correct the condition.
The appellants argued the trial judge applied an unreasonably high standard of maintenance for a Class 4 rural road, erred in requiring the application of straight salt rather than sand/salt mixture, and excluded relevant evidence regarding financial costs.
The Court of Appeal allowed the appeal in part, set aside the liability findings, and ordered a new trial on liability issues while upholding the damages assessment.
Accident benefits denied where expert evidence established low-impact collision could not have caused claimed injuries.
The applicants sought income replacement benefits and payment of physiotherapy accounts following a low-impact rear-end motor vehicle collision.
The insurer denied the claims, arguing the impact was too minimal to cause the alleged injuries, and sought repayment of some physiotherapy expenses already paid.
The arbitrator found the applicants' evidence regarding their injuries lacked credibility, noting inconsistencies and a failure to disclose pre-existing conditions to their treating physicians.
Relying on expert evidence in accident reconstruction and biomechanics, the arbitrator concluded the collision forces were insufficient to cause the claimed injuries.
The claims for income replacement and physiotherapy were dismissed, as was the claim for a special award.
The insurer's claim for repayment was also dismissed because the initial payments were not made due to error, fraud, or wilful misrepresentation.
