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Siskinds Obtains Successful Trial Outcome in Municipal Road Liability Case

In a decision released November 27, 2012, Justice Morissette of the Ontario Superior Court determined that the Township of Dutton-Dunwich shared responsibility for the injuries caused to Andrew Fordham in a single vehicle collision on January 20,2007. Andrew was injured while driving southbound on Willey Rd coming through that road’s intersection with the Erin Line. This is an unmarked offset intersection followed by unmarked concrete bridge abutments located on either side of the roadway. Andrew did not stop at the intersection and then failed to negotiate the change in road alignment because, in the dark, there was no ability to see the offset configuration. His vehicle struck one of the concrete abutments causing serious injury to Andrew. Justice Morissette determined that no warning was given to motorists of this dangerous configuration and that this was a condition of “non-repair” as proscribed by the Municipal Act.
Date: 2012/12/07
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