Personal Injury Blog

February 07, 2010, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

In a recent Ontario decision (Greenhalgh v Douro-Dummer Township) the injured party was driving her car with a passenger friend.  They were driving on a county road with specific destination in mind.  They turned onto a laneway and contiued to drive until the hit a rock and became stuck.  They were unable to restart the car and attempted to return by foot but ended up walking through the bush.  It was winter time and the Plaintiff broke through ice and lost her boots and socks.  The Passenger also broke through the ice but did not lose her boots or socks. They were eventually found by a passerby who took them to a hospital.  One plaintiff lost both legs and eight fingers and the other plaintiff lost several fingers and toes.  It was the Plaintiffs' position that the Township was negligent because it failed to put up a "No Exit" sign at the intersection of the county road and the laneway or a checkerboard sign indicating the end of the lane.

The court dismissed the action by the Plaintiffs.  The court held that there were no conditions at or near the highway that were potentially dangerous to people using the road at the end of or immediately beyond the lane that required any advance warning to motorists.  The court determined that the Manual of Uniform Traffic Control Devices standards, which required both a "No Exit" sign and a checkerboard sign on the lane were no more than guidelines.  There was evidence that municipalities in the province did not comply with the standards.  There was evidence from witnesses who had found two empty alcohol cooler bottles on top of the car, and empty beer bottles and a partly filled wine bottle inside the car.  Evidence also showed that there were places that the car could have turned around.  The court decided that the Township's failure to put up signs in the lane was not a breach of the standard of care.  The Plaintiffs were unable to prove a causal relationship between the lack of signs and the injuries suffered.  The Township was found to be not liable.

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