care. A municipality’s duty does not extend to remedying conditions that pose
a risk of harm only because of negligent driving. The trial judge misapplied the
ordinary reasonable driver standard. The question was whether, in the absence of
a stop line, the intersection posed an unreasonable risk of harm for ordinary drivers exercising reasonable care who sometimes make mistakes. The trial judge
failed to consider the obligations of a driver approaching a stop sign under the
Highway Traffic Act, R.S.O. 1990, c. H.8 and failed to consider that a reasonable
driver has an obligation to stop at a point close enough to an intersection that he
or she has sightlines in both directions. The evidence in this case was that to gain
a clear sightline for southbound traffic, drivers had to pull up to the vicinity of the
faded stop line. The evidence before the trial judge did not support the conclusion
that the intersection at issue posed an unreasonable risk of harm to ordinary reasonable drivers.
Cases referred to
Fordham (Litigation guardian of) v. Dutton-Dunwich (Municipality),  O.J.
No. 5938, 2014 ONCA 891, 70 M.V.R. (6th) 1, 31 M.P.L.R. (5th) 269, 17 C.C.L. T.
(4th) 1, 247 A.C. W.S. (3d) 946; Kennerley v. Norfolk (County),  O.J. No. 4782,
16 M.P.L.R. (4th) 286 (S.C.J.); Smith v. Safranyos (2018), 143 O.R. (3d) 22, 
O.J. No. 4765, 2018 ONCA 760
Statutes referred to
Highway Traffic Act, R.S.O. 1990, c. H.8, s. 136, (1), (b)
Municipal Act, 2001, S.O. 2001, c. 25, s. 44 [as am.]
APPEAL from the judgment of Skarica J. in a personal injury
action,  O.J. No. 6296, 2016 ONSC 7570, 4 M.V.R. (7th)
Christopher I.R. Morrison and Joel Cormier, for respondents.
David Zuber and James Tausendfreund, for appellant.
BY THE COURT: —
 Michael Chiocchio Sr. was rendered a quadriplegic following
a motor vehicle accident that occurred on April 29, 2006, at the
intersection of Brock Road and the 5th Concession West in a rural
area of the City of Hamilton (the “city”).
 The accident occurred when a westbound Buick sedan
driven by Richard Ellis accelerated away from a stop sign on the
5th Concession West and T-boned the minivan northbound on
Brock Road in which Mr. Chiocchio was a passenger. At the time
of the accident, Mr. Ellis and his ten-year-old son (a backseat passenger in the car) were heading across Brock Road to the Flamborough Speedway, which was a short distance away on the 5th
Concession West. Following the impact, the minivan rolled over
and struck a pole.