Firstly, I’m going to add that anyone who is considering suing a city in the lower mainland should be aware of the drastically smaller limitation dates which apply. The Local Government Act requires you to “give notice in writing, setting out the time, place and manner in which the damage has been sustained,” and deliver that to the offending municipality within “2 months from the date on which the damage was sustained.”. Then you have only 6 months to file a lawsuit, as opposed to the typical 2 years. Failure to meet these requirements can result in you being barred from making a claim. In the case of a personal injury involving a municipality (ex. The City of Vancouver) it is especially important to speak with a lawyer as quickly as possible.
The above article raises an interesting point: does the City of North Vancouver, once encouraging someone to bicycle, then have a continuing obligation to keep them safe? It’s no secret that various municipalities in Vancouver have been encouraging people to ride bikes to relieve congestion caused by too many cars on the roads.
The plaintiff’s major injury here is bleeding inside his brain, which can be totally disabling. The City of North Vancouver put a bike lane on Keith Road but then removed it following complaints from motorists. Are they now responsible for the plaintiff’s injuries.
Bike lanes are a fairly new phenomenon in Canada, and the law on the subject is far from clear. The idea is obviously to keep bicycles and motor vehicles apart, thus avoiding accidents. Does the City of North Vancouver have an obligation to protect cyclists by installing bike lanes? Did they encourage this accident by temporarily installing the lanes? Let me know what you think.