What is the duty of pedestrians to keep a proper lookout when crossing the road?

Ontario, Canada


The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):

In support of the principle that pedestrians have a duty to keep a proper lookout, counsel for the municipality referred me to a number of cases. In Cooney v. Kingston (City), [2005] O.J. No. 2196, the plaintiff who slipped on a ridge of ice in the month of February was found to be contributorily negligent and liability was divided 50/50.

In Belanger v. Michipicoten (Township), [1996] O.J. No. 275 the plaintiff fell on a patch of ice in the month of March. The plaintiff was found to be contributorily negligent and the court assessed the plaintiff’s negligence at one third.

In Bognoch v. Toronto (City), [1991] O.J. No. 1032, the plaintiff fell on an icy sidewalk also in the month of February. The court attributed her contributory negligence at 40 per cent.

In Michalak v. Oakville (City), [2000] O.J. No. 4466, a plaintiff, walking in an unfamiliar area, tripped on a crack that created a height difference of less than an inch. The day was bright and clear and the crack was readily visible even from across the road. The plaintiff’s contributory negligence was apportioned at 25%.

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