The Ontario Superior Court of Justice recently released its
decision in Valerio et al v. City of London et al, 2025
ONSC 4332, dismissing the plaintiffs' action against a
municipality and road contractor for damages caused when the
undercarriage of the plaintiff's minivan hit an exposed water
valve in the road within a construction zone.
The Court held that in the circumstances, expert evidence was
required to establish the standard of care for road maintenance and
the reasonably safe height of a water valve protruding from a
road.
Background
On Aug. 7, 2013, the plaintiff, Joseph Valerio's (Mr.
Valerio), was driving home with his parents in his minivan on
Dundas Street, London, Ontario. The intersection of Dundas Street
and Clarke Road was under construction and had been milled down.
There were two water valves in the road which were ramped with
asphalt and marked with fluorescent orange paint. As Mr. Valerio
proceeded through the intersection, the
