A municipality’s duty of care does not extend to remedying conditions that pose a risk of harm only with negligent driving. In this case, the defendant driver stopped at a stop sign several meters behind a faded stop line. He accelerated from the stop sign and T-boned a minivan in which the plaintiff was a passenger. The trial judge found the municipality defendant 50% liable for failing to repaint the faded stop sign. The Court of Appeal allowed the City’s appeal, finding that drivers who fail to comply with the rules established under the Highway Traffic Act and who act in a manner contrary to common sense fall below the standard of an ordinary reasonable driver.
