Is compliance with the maintenance contract sufficient to discharge the duty of care to users of the road?
British Columbia, Canada
The following excerpt is from Nason v. Nunes et al, 2007 BCSC 266 (CanLII):
Other cases suggest that compliance with the contract will be sufficient to discharge the contractor’s duty of care to users of the road. In Dagneault v. Hatton, supra, Goldie J.A. concluded that the contractual provisions in the maintenance contract respecting the removal of ice met the requirement of taking reasonable steps to prevent injury (at ¶ 36-37). In that case, the contractor’s response to the development of hazardous conditions had been prompt: a driver had been sanding a steep hill, as he had been requested to do, but had to turn off his sanding apparatus to safely proceed up the hill. Rather than turning around to remedy the situation on the hill, the driver continued on to determine whether the slippery road conditions continued. An accident occurred on the hill within minutes thereafter, but the contractor was found not to have been negligent.
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