In the recent case of Chiocchio v. Ellis (2018 ONCA 762), Ellis proceeded through an intersection and t-boned Chiocchio’s vehicle. Ellis blamed the fact that the stop line was faded and had not been repainted. The trial judge agreed.
The Court of Appeal said: No! Regardless of whether a municipality (Hamilton) does or does not maintain stop signs and lines, the question is not whether the city made a mistake. The question is whether an ordinary reasonable driver would have been deceived by the city’s mistake. In this case it was negligent for Ellis to have recklessly driven into the intersection without due care and caution. It was not the fault of the faded lines that Ellis acted recklessly.
On the same day, in a different case, three other Court of Appeal judge came to the opposite decision in Smith v Safranyos (2018 ONCA 760). What is surprising is that the Court of Appeal chose to have different judges hear and determine Smith from those that heard and determined
