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ARTICLE · 09 DECEMBER 2011

Municipalities’ Obligation To Ensure Cyclists’ Safety Extends Beyond Bike Paths

Last September, the Quebec Superior Court ordered the City of Montreal to pay more than $1 million in damages to a woman who became paraplegic and to her family following a cycling accident on a city street.

CanadaLitigation, Mediation & Arbitration

Last September, the Quebec Superior Court ordered the City of Montreal to pay more than $1 million in damages to a woman who became paraplegic and to her family following a cycling accident on a city street.1

Facts

The woman was cycling under an overpass where there was no bike path. As she passed over the drain covers that extended almost across the entire street, her bicycle came to a sudden stop and she was thrown off. There was no indication to cyclists that they should use the elevated sidewalk rather than the roadway.

The City argued that the street in question was not "designated as a cycling route." However, it admitted that the part of the street where the accident happened was frequently used by cyclists.

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