The Johnson v. Corporation of the Town of Milton was released by the Ontario Superior Court of Justice on July 28, 2006.

On the afternoon of September 13, 1992, Nelly and Robert Johnson decided to go for a bicycle ride on their tandem bicycle along the scenic Fourth Line in the Town of Oakville. They suddenly lost control of the bicycle while traveling north towards the Glenorchey Bridge. They failed to negotiate a sharp right hand turn and collided with the rock embankment. Robert Johnson was killed in this accident and Nelly Johnson was seriously injured. Nelly Johnson started a lawsuit against the Town of Oakville for negligence, claiming that the accident was caused as a result of the non-repair of the Fourth Line.

As of the date of the accident, there was no sign south of the Glenorchey Bridge warning motorists or cyclists traveling northbound along the Fourth Line about the sharp right hand turn to be negotiated immediately north of the bridge. In fact, between October 31, 1985, and July 18, 1992 at least 9 motor vehicles had also struck the rock embankment.

After considering all the evidence, the court found that the section of the Fourth Line south of the Glenorchey Bridge was in a state of disrepair at the date of the accident and that the non-repair was a material cause of the accident. The court found that the Town of Oakville was negligent for failing to properly maintain the roadway and failing to ensure that the Fourth Line was safe. As a result, it was liable for Mr. Johnson’s death and the injuries sustained by Ms. Johnston.

Mrs. Johnson sustained a fractured pelvis in the accident. She was treated at Oakville Trafalgar Hospital where she remained an inpatient for several days. She underwent a skin graft from her hip to her left elbow. She testified that she continued to experience pain associated with the injuries suffered in the accident.
The court awarded Mrs. Johnson the following damages:

• $85,000 – General damages
• $50,000 – Loss of Care, Guidance, and Companionship
• $1,035,970 – Dependency loss (based on Mr. Johnson’s projected earnings)
• $83,086 – Value of past household services
• $42,170 – Value of future household services.
• $63,376 – Future care costs.

The Ontario Court of appeal found that the Johnsons were partially responsible for the accident as they had failed to maintain proper attention. Thus, the above damages were reduced by 40%

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