The Appellant was driving his friend Baird’s car in rural Ontario. Three other friends, including Baird, were passengers in the car. The Appellant lost control of the car, it moved into the oncoming lane, and it was struck by an approaching vehicle. One passenger in the Appellant’s vehicle was killed and the other occupants of the vehicle were injured. The trial judge found that the car had worn and defective tires and found the Appellant and Baird equally liable for causing the MVA. The trial judge considered the Minimum Maintenance Standards for Municipal Highways, O. Reg. 239/02, and found that unanticipated ice formed in the area where the MVA occurred, that the municipality was unaware of this ice until after the MVA occurred, that the municipality had a reasonable system for monitoring road conditions, and that the municipality was not required to conduct an after-hours patrol for speculative purposes. The Ontario Court of Appeal upheld the trial judge’s decision.
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