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ARTICLE · 03 JANUARY 2024

Case Summary Of Wasylyk v. Simcoe (County)

McLeish Orlando LLP
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The respondent, Melinda Wasylyk, suffered catastrophic personal injuries as a result of a motor vehicle collision she was involved in.

CanadaTransport
Nick Todorovic
Nick Todorovic
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1. Facts

[1] The respondent, Melinda Wasylyk, suffered catastrophic personal injuries as a result of a motor vehicle collision she was involved in. This collision occurred on a snowy and icy roadway in the County of Simcoe. Despite the County's various defences, the trial judge found them to be one hundred percent liable for failing to keep the relevant portion of the roadway in a "reasonable state of repair".

[2] Justice Casullo used the test below to determine whether the County was liable for the municipal highway non-repair.

[3] The four-step test for the statutory cause of action under s.44 of the Municipal Act, 2001 was laid out by the Court of Appeal in Fordham v. Dutton-Dunwich, 2014 ONCA 891, at para. 26:

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