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ARTICLE · 22 DECEMBER 2023

ONCA Upholds Liability Finding Against Municipality In Icy Roadway Case

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The Ontario Court of Appeal (ONCA) decision in Wasylyk v. Simcoe (County), 2023 ONCA 781 has upheld a trial judge's finding of liability in a winter maintenance roadway...

CanadaTransport
Natalie Kolos
Natalie Kolos
Celine Zhen
Celine Zhen
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The Ontario Court of Appeal (ONCA) decision in Wasylyk v. Simcoe (County), 2023 ONCA 781 has upheld a trial judge's finding of liability in a winter maintenance roadway case brought against the County of Simcoe (Simcoe). The plaintiff suffered catastrophic injuries amounting to an agreed upon $16 million dollars in damages.

Trial decision

The accident occurred when the plaintiff lost control of her vehicle while driving at night on a winter road, crossed the midline, and collided with oncoming traffic. There were heavy snow squalls and drifting snow in and around the day of the accident.

The trial judge found that the roadway was in a state of non-repair, which the Court defined as a state in which drivers, if exercising ordinary care, could not traverse safely. Patrollers identified drifting snow and icy spots during their patrols. Further, none of the statutory defences in s. 44(3) of the Municipal Act, 2001 were found to benefit Simcoe. With respect to

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