The respondent, a 16-year-old driver, drove through a stop sign at 80 km/h on an unfamiliar rural road, lost control on a curve, and crashed into a concrete bridge.
He sued the municipality for non-repair, arguing it should have posted a warning sign for the curve.
The trial judge found the municipality 50% liable, holding that ordinary rural drivers do not always stop at stop signs and the curve was a hidden hazard.
The Court of Appeal allowed the municipality's appeal and dismissed the action, holding that a municipality's statutory duty of repair is limited to ensuring roads are safe for ordinary drivers exercising reasonable care.
The municipality has no duty to keep roads safe for negligent drivers who ignore stop signs.
