No question, running stop signs is just negligent driving: judge

A recent decision by the Court of Appeal for Ontario is being viewed as a welcome gift to municipalities who have felt “under siege” by road claims.

Kirk Boggs, an insurance lawyer with Lerners LLP says the Fordham v. Dutton-Dunwich (Municipality) decision is a significant one on municipal road liability because it clarifies the law with respect to what is actionable in this area. The decision states:

“A municipality's duty of repair is limited to ensuring that its roads can be driven safely by ordinary drivers exercising reasonable care. A municipality has no duty to keep its roads safe for those who drive negligently.”