Robert Ben discusses Ontario speed camera lawsuit on CBC’s This is Toronto podcast

A Toronto family is suing the City of Toronto and the Province of Ontario after a 15-year-old boy was severely injured at a crosswalk where an automated speed camera had recently been removed under a provincial directive. Robert Ben, a partner at Thomson Rogers LLP, joined host Chris Glover on CBC’s This is Toronto podcast to explain how operational negligence could apply to the province’s decision to remove the camera without putting an alternative safety measure in place. Ben is not involved in the case.

More than a driver negligence claim

“It raises broader questions about government accountability, road safety and what responsibilities governments may have when they remove an existing safety measure,” Ben said. He noted that responsibility is never automatic: a plaintiff must still establish a duty of care, a breach of the standard of care and that the breach caused the injury.

Policy decisions versus operational negligence

Governments are generally immune from liability for policy choices but can be held liable if they negligently implement one, Ben explained. He pointed to the province’s decision to remove speed cameras alongside a $210 million fund for alternative traffic calming measures.

“I believe the crux of the allegation here will be it wasn’t really about the choice to repeal or remove the speed cameras, it was about how did you manage that transition?” he said.

A novel question for the courts

Ben said the case differs from most road authority claims, which typically involve road maintenance or dangerous design.

“It’s about a safety measure that existed and was then removed, and what was or was not done after its removal,” he said. “I think it’s a novel issue that I’m not aware has been considered by the courts to date.”

Listen to the full episode of This is Toronto.

Robert M. Ben is a Personal Injury Lawyer and a Partner at Thomson Rogers LLP. Robert is listed in peer-reviewed publications – Lexpert® and The Best Lawyers™ in Canada and is ranked AV preeminent in Martindale-Hubbell ®. Robert can be reached at 416-868-3168 or by email.

About Thomson Rogers LLP’s Personal Injury Group

Thomson Rogers LLP is a Toronto-based law firm with almost a century of experience representing plaintiffs in personal injury, medical malpractice and civil litigation matters across Ontario. The firm’s Personal Injury Group is recognized as a leading Ontario personal injury practice, known for standing with clients through the hardest moments of their lives.