Increased Insurance Costs

Leaving Side Road 60 without a major overhaul, exposes the municipality to a serious liability
risk given the large number of safety concerns that have been brought to the attention of the
Township of Chatsworth.
All parties, including the proponents consultants, admit to road safety concerns. About the S-
bend, Paradigm states: The swept path shows that there would be a slight overlap by two standard
dump trucks traversing the horizontal curves of Side Road 60. Paradigm then goes on to say:
Based on the observed vehicle classification, the probability of two heavy trucks meeting on the
horizontal curves at the same time are low, however, caution should be taken by the drivers when
traveling through the horizontal curves on Side Road 60. (Sept/15)
Heres what insurers are citing (Frank Cowan Company Municipality Liability Crisis: Court
Decisions Are Impacting Your Insurance Premiums, 2013):

Municipal Liability Risk

In 2013 Deering v Scugog Township cost Ontario municipalities
and their insurers, more than $20,000,000. The plaintiff alleged
breach of the standard of care on the part of the road authority
(municipality) in that the road was unlit, the speed limit was
unposted and excessive, there was no centre line and the road was
excessively narrow.

How the Deering case could

directly impact SR 60:

Mr. Justice Howden imposed
liability on the municipality
despite evidence that the
probability of two vehicles
Section 44 of the Municipal Act requires the municipality to keep being on the hill at the same
a roadway in a reasonable state of repair so that the users of the
time was 0.9% and there had
roadway, exercising ordinary care, may travel upon it safely. A
been few reported collisions at
"reasonable state of repair" in this case means:
that location.[13] His Honour
ruled that even one chance in a
Whether or not a road is in a reasonable state of repair is not
hundred is a real or substantial
limited to its surface. Lack of signage, inadequate road markings,
narrow roads, steep hills, dangerous intersections, road curvature, risk of harm.

poor sightlines or other hazards that ought to have been foreseen
as potentially taking a motorist by surprise may constitute an unreasonable state of repair.
(Dooley Lucentie Barristers & Solicitors)