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ARTICLE · 02 APRIL 2014

No Liability For Potholes

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The Ontario Superior Court of Justice recently dismissed an action against the Municipality of Dutton/Dunwich for failing to maintain a gravel roadway.

CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
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McLeod v. General Motors of Canada Limited et al., 2014 ONSC 134

The Ontario Superior Court of Justice recently dismissed an action against the Municipality of Dutton/Dunwich (the "Municipality") for failing to maintain a gravel roadway in a claim arising from a motor vehicle accident. The trial dealt solely with liability as damages had previously been agreed upon at $950,000.

On September 18, 2004, the 18-year-old plaintiff was driving home on an unpaved roadway with a dirt and gravel surface, when she was surprised by an oncoming vehicle. To allow both vehicles to pass safely, she had to steer her vehicle to the edge of the roadway, and when she steered back to the centre, she encountered potholes which caused her to lose control of her vehicle. She sustained serious injuries and commenced an action against the Municipality.

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