highway Tag Archives

Fernandes v. Araujo, 2015 ONCA 571

Released August 10, 2015 | CanLII After 62 Years, Court of Appeal Admits it was Wrong A five-judge panel of the Court of Appeal just over-ruled its own decision from 1953 on vicarious liability of the owner of a vehicle being driven on the highway. This week, the Court released its decision in Fernandes v. Araujo (2015 ONCA 571) about the liability of the owner of …

Pitfalls, Potholes and Falling Concrete: Problems with the Minimum Maintenance Standards

With one of the coldest months on record finally behind us, Ontarians are getting a knack for braving subzero temperatures this winter. Unfortunately, Ontarians will continue to feel the chilling effect of the Minimum Maintenance Standards for Municipal Highways (“MMS”) long after the snow has gone. Recent news about a large chunk of concrete allegedly falling from the Gardiner Expressway Bridge and smashing into the …

ATVs, accident benefits and lawsuits: Timing is everything!

The use of off-road recreational vehicles such as ATVs for fun and recreation has increased dramatically over the years.  It is also not unusual to see such vehicles on public roadways, and for these vehicles to be driven by young people including minors.   Over the years, recreational culture has given rise to an increasing number of rollovers, crashes, and alcohol-related incidents involving ATVs and other …