What is the "ordinary reasonable driver" standard for a municipality's duty of repair?

Ontario, Canada


The following excerpt is from Chiocchio v. Hamilton (City), 2018 ONCA 762 (CanLII):

In Fordham v. Dutton-Dunwich (Municipality), 2014 ONCA 891, 70 M.V.R. 6, at paras. 28-29, Laskin J.A. described the ordinary reasonable driver standard, the standard of care which governs a municipality’s duty of highway repair. As described by Laskin J.A., a municipality is required to prevent or remedy conditions on its roads that create an unreasonable risk of harm for ordinary drivers exercising reasonable care. Ordinary reasonable drivers are not perfect; they make mistakes. However, a municipality's duty does not extend to remedying conditions that pose a risk of harm only because of negligent driving.

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