An Ontario Superior Court judge has awarded almost $4,000 in damages to a man who was injured when his front wheel struck the guard rail on the streetcar tracks at Wellington and York streets.

Michael Andreae claimed in his lawsuit that the injuries he sustained in the Nov. 17, 2015 incident were due to the TTC failing to repair a significant difference in elevation of a curved track at the intersection.

He said he went to court to make sure the streets are safer in the future.

"If somebody doesn't force change or do something, you know, to keep all road users safe — pedestrians and cyclists and everybody — we're just not going to see change," Andreae told CBC Toronto on Friday.

The TTC denied all liability for the fall, in which Andreae cut his left elbow, requiring seven stitches. Andreae said he had physiotherapy and has a scar about five centimetres long. Additionally, he still gets some tingling from the injury.

Justice Joanna Chadwick found the TTC was 50 per cent responsible. She found that the difference in height between the two rails — 15 to 25 mm — created an "objectively unreasonable risk of harm" for cyclists in that lane.

"The streetcar tracks in that lane had been installed in the early 1990s, over 25 years before the fall," Chadwick said in her ruling on June 13.

She added that even though the TTC did annual and monthly inspections to check the tracks, it did not measure the height differential.

Andreae cut his arm in the fall and needed several stitches as well as physiotherapy. (CBC)

Lawsuit was not about the money

Andreae was awarded $7,424.28 but because the judge ruled he was 50 per cent responsible for the accident, he received a net judgment of $3,712.14.

However, Andreae said money was not the main focus of his lawsuit.

"I didn't want the money, I didn't make any money off it ... It was really to show that there is no standard of care that I could find, and to sort of get the court to determine what that should be."

An Ontario Superior Court judge found the height differential between the guardrail and the streetcar track at Wellington Street and York Street – 15 to 25 mm – created an "objectively unreasonable risk of harm" for cyclists in that lane. (CBC)

While noting that the ruling is a win for him, Andreae said more importantly, the case highlighted that in 25 years, the height difference of the track in question had not been inspected.

Andreae's position in the lawsuit was that the TTC was negligent in the care and maintenance of the streetcar track at Wellington Street and York Street and that the transit agency breached its duty of care.

During the proceedings, the TTC called Vito Binetti, an employee of 31 years, as a witness.

Binetti, the supervisor of construction and operations, gave evidence that the TTC inspects the tracks annually and does 30-day inspections to look for defects.

The streetcar tracks in question had been installed in the early 1990s, more than 25 years before Andreae's injury. (CBC)

He also produced a report on an inspection that included the track in question. It found that the rating was good for the entire stretch; and the only outstanding work orders related to broken concrete.

Binetti testified that there was nothing in the report to raise any type of flag, and it looked like there were no issues.

TTC may appeal ruling

Contacted for comment on Friday, a spokesperson for the TTC sent CBC News a one-sentence response.

"We've seen the ruling and are reviewing it to determine next steps including a possible appeal," the statement reads.

When CBC News spoke with the cyclists on Friday, they all agreed that the tracks are hazardous at times.

"I think you have to be pretty careful when you are crossing them in general," Nathan Darby said.

"They are super lethal in the rain …When you go over them you've got to do a huge angle over them."

Sasha Hartmann says she tries to stay away from streetcar tracks at all times.

"I just avoid them at all cost because I feel like I'm going to fall," she said.