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“Had either of these actions been taken the road would not have been in the treacherous condition it was when the accident occurred and it is likely that the accident would not have occurred at all.”

Gordon ruled Belanger was not at fault in the collision.

“Given the slippery road conditions that existed on Nov. 22, 2000, in the absence of some evidence of an overt decision, action or adjustment by Ms. Belanger that would result in the loss of control of her vehicle, that loss of control is as consistent with normal and safe operation of her vehicle as it is with some negligence on her part. In my view, the defendant has not met the onus that her operation of the motor vehicle was negligent.”

The section of road on which the motor vehicle accident occurred connects Sudbury to the former Town of Rayside-Balfour.

‘Had either of these actions been taken the road would not have been in the treacherous condition it was when the accident occurred and it is likely that the accident would not have occurred at all’

In his ruling, Gordon also noted that “this was perhaps the most acrimonious trial over which I have ever presided. The objections were legion.”

The Regional Municipality of Sudbury no longer exists, as it was part of municipal amalgamation in 2001 that created the City of Greater Sudbury. As a result, the city must now pay the $12 million settlement, pending any appeals.

The collision occurred about 11:15 a.m. about 400 metres south of Godfrey Drive on a bridge that spanned a set of railway tracks. The section of road has two lanes, with a speed limit of 80 km/hr. Belanger was unconscious following the crash and remained in a coma as of Dec. 9 of that year.