The trial concerned a third-party claim by the defendant, Cristy Mitton, against the Ministry of Transportation (MTO) and its contractor, Carillion Canada Inc., alleging negligent winter maintenance of Highway 41.
Mitton had previously settled the main action with the plaintiff, Ronald Busch, admitting 1% liability.
The court found that Highway 41 was in a state of non-repair due to being partially snow-packed, and this condition caused Mitton to lose control.
However, the MTO successfully discharged its onus by proving its winter maintenance operations were reasonable, including the decision to use salt despite low temperatures, as it was a judgment call aimed at achieving bare pavement.
The court dismissed the third-party claim, finding no liability on the MTO.
