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ARTICLE · 18 JULY 2023

Municipality Not Liable For Missing Lights In Pedestrian Crosswalk

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The Ontario Superior Court of Justice recently released its decision in Morris v. Prince, 2023 ONSC 3922, finding the defendant municipality not liable for a nighttime pedestrian knockdown...

CanadaTransport
Aidan Fishman
Aidan Fishman
Natalie Kolos
Natalie Kolos
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The Ontario Superior Court of Justice recently released its decision in Morris v. Prince, 2023 ONSC 3922, finding the defendant municipality not liable for a nighttime pedestrian knockdown incident allegedly caused by two missing luminaries in the median of a crosswalk. The Court reiterated that a municipality's duty to keep a roadway in a reasonable state of repair is owed to an ordinary driver, not a negligent driver, and that the Minimum Maintenance Standards for Municipal Highways (the MMS) do not impose a positive statutory duty, nor do they establish a standard of care.

Background

The plaintiff suffered serious injuries after being struck by a left-turning truck while crossing the intersection of Aldersbrook Gate and Fanshawe Park Road in the City of London, Ontario (the City) during a rainy evening after sundown. The plaintiff and his immediate family sued the truck driver as well as the City, alleging that if a pole in the median of the crosswalk with

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