The plaintiff was rendered a quadriplegic after the minivan he was a passenger in was struck by a vehicle driven by the defendant Ellis at an intersection.
Ellis had stopped at a stop sign rather than the faded stop line, resulting in poor sightlines, and pulled into the intersection when it was unsafe.
The court found the City of Hamilton 50% liable for failing to maintain the stop line, which created an unreasonable risk of harm.
Ellis was found 50% liable for failing to ensure it was safe to proceed.
Claims against the driver of the minivan were dismissed.