TheSpec - Ruling means game-changer for winter road maintenance
JULY 10, 2012
Page 1 of 2
Page 1 of 2
11. C. 22 - CW INFO
Ruling means game-changer for winter road
maintenance
Mark McNeil
June 29, 2012
Municipal transportation officials say it’s open
season for lawsuits after the Supreme Court of
Canada decided not to review a lower-court
ruling that the Region of Halton was negligent in
a 2003 automobile accident that seriously
injured a Milton resident on an icy section of
Derry Road.
“It’s definitely shifted things in the favour of
plaintiffs. There is no doubt about it,” says Joe
Tiernay, executive director of the Ontario Good
Roads Association, an Oakville-based group that
lobbies municipalities in the province over
transportation issues.
“The amount of costs and damages that could
SUPREME COURT. Patrizia Giuliani of Milton was injured in April, 2003 after an
accident on a snowy road. She successfully sued Halton Region and Milton for
not clearing roads, arguing they failed to heed weather reports. RICK
MADONIK/TORONTO STAR Source: TORONTO STAR
be awarded could be substantial if plaintiffs
start using this particular loophole to bring
actions against municipalities. It could be in the
millions or multimillions of dollars.”
In the case, Patrizia Giuliani sued the Region of Halton and the Town of Milton, arguing they should have sent
out road crews when snow began at 4 a.m. April 1, 2003 before her car was involved in the accident. Her
lawsuit contended they should have been monitoring forecasts that predicted an 80 per cent chance of snow.
The decision by the country’s highest court to dismiss an appeal by Halton and Milton is significant because
more than a decade ago, the province set out Minimum Maintenance Standard Regulations for municipalities in
dealing with winter roads that were designed to protect them from lawsuits.
But Justice John Murray in 2010 ruled the situation that morning was outside the scope of the province’s
regulations. Halton and Milton should have been monitoring weather forecasts, he said, and should have sent
road crews out earlier to prevent the ice from forming. He awarded $375,000 after finding Giuliani 50 per cent
responsible.
Now, Tiernay says, the regulations “are definitely going to have to be reopened. Our approach to this matter
has been to exhaust all legal avenues through the courts, to see if we can get the divisional court decision
overturned.
“Now that the Supreme Court says it will not consider the appeal, we’ve exhausted all legal avenues and we will
turn our attention to the political approach. We will speak to the minister of transportation and request an
amendment to the regulations.”
http://www.thespec.com/print/article/752245
04/07/2012
TheSpec - Ruling means game-changer for winter road maintenance
JULY 10, 2012
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Page 2 of 2
11. C. 22 - CW INFO
Bob Gray, director of legal services, says Halton staff “are looking for clarity with respect to the minimum
maintenance standards ... we were obviously hoping for (Supreme Court) to hear the case but they didn’t. It is
an important issue for us.”
A spokesperson for the Ministry of Transportation says “the Ministry will work with the Ontario Good Roads
Association, municipalities and other interested parties to determine what the appropriate next steps should
be.”
Tim Dennis, director of transportation services for Halton, says “in the nine years since this accident occurred,
our maintenance practices have evolved.”
He says the region uses “enhanced weather monitoring 24 hours per day” and “meets or exceeds minimum
maintenance standards established by the province.”
The region’s winter control budget for 2012 is $4.3 million for all regional roads.
mmcneil@thespec.com
905-526-4687
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http://www.thespec.com/print/article/752245
04/07/2012