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ARTICLE · 18 APRIL 2012

Common Law Principles Apply To Road Maintenance Standards

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At long last, the personal injury bar has received a trial decision from the Ontario Superior Court of Justice interpreting and analyzing the minimum maintenance standards applicable in winter road maintenance cases.

CanadaLitigation, Mediation & Arbitration
Brian Grant
Brian Grant
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Previously published in The Lawyers Weekly, April 25, 2008

At long last, the personal injury bar has received a trial decision from the Ontario Superior Court of Justice interpreting and analyzing the minimum maintenance standards applicable in winter road maintenance cases.

Thornhill v. Shadid et al. [2008] O.J. No. 372 involved a car accident on Green Lane in Newmarket, Ontario on Christmas Day, 2002. The plaintiff Nadine Thornhill's westbound Tercel was struck violently by the defendant Shadid's Jeep Cherokee, which had spun out of control suddenly from the eastbound side of Green Lane.

The accident occurred at 3:30 p.m. and the evidence demonstrated that a moderate snowfall had started in the Newmarket area at approximately 6:00 a.m.

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