Oatley, Vigmond

October 05, 2010 20:37 ET

Deering Decision Slams Oshawa for Dangerous Road Condition

BARRIE, ONTARIO--(Marketwire - Oct. 5, 2010) - The Superior Court of Justice today released the decision of Mr. Justice Peter Howden in Deering vs City of Oshawa, a case which was tried without a jury in Oshawa for four weeks this spring. On August 10, 2004 on Coates Road West, Oshawa, Shannon Deering, age 19, and Erica Deering, age 16, suffered catastrophic personal injuries when their vehicle left the road during a trip at night to a movie theatre. Both young women suffered spinal cord injuries at C5. As a result of the injuries both young women will live their lives in a wheelchair and will be dependent on others for care and nurturing. The trial was restricted to the issues of liability and a continuation of the trial concerning the damages suffered by the two young women is yet to be scheduled. Mr. Justice Peter Howden found Oshawa 2/3 at fault because of a dangerous condition on Coates Road and found Shannon Deering, the driver of the vehicle, 1/3 at fault.

Shannon Deering, represented by Roger Oatley and Troy Lehman of Oatley, Vigmond in Barrie is "relieved it is finally over". Says Roger Oatley, "this was a very challenging case. No case could mean more to a lawyer than a case in which two lovely young women are depending so much on the outcome. We are simply thrilled for the Deering family." 

Justice Howden found "the condition on the accident hill was a hidden danger requiring remedial action by way of line markings and speed reduction warnings" He also commented on Oshawa's re-opening the road after re-surfacing, as follows: "Oshawa did nothing to ensure that the road was not re-opened to the public without the safety/slash traffic control device assessment and necessary installations that should reasonably have flowed from it being put in place."

The total claims by Shannon Deering and Erica Deering are in excess of $30,000,000.

Contact Information

  • Roger Oatley
    705 795 3532
    Dale Orlando
    Counsel for Erica Deering
    416 366 3311