The plaintiff was injured in a motorcycle collision at an intersection and alleged the accident was caused by overgrown brush obscuring a stop sign.
The intersection had been transferred from the Regional Municipality to the City 108 days prior to the accident.
The Region successfully moved for summary judgment on the basis that the transfer of jurisdiction completely extinguished its liability for non-repair.
The Court of Appeal allowed the appeal, holding that the transfer of the road did not instantly absolve the Region of potential liability for prior negligence in maintaining the road, and that factual issues regarding the City's opportunity to inspect and repair required a trial.
