Can You Sue the Province for Unsafe Winter Highways?

Feb 12, 2026

By Jeffrey J. Moorley, Partner

White Macgillivray Lester LLP  •  Thunder Bay, Ontario

We Get the North.

Every winter in Northwestern Ontario, the same thing happens.

A stretch of highway looks clear — until it isn’t.
A patch of black ice.
A sudden whiteout.
A transport truck losing control.

And in seconds, lives change.

Highways 11, 17, 61, 102 and 589 are not optional routes. They are lifelines. When winter maintenance fails, there is often no alternate road and no easy detour.

A question I am asked regularly is:

Can you sue the Province for unsafe winter highway conditions?

The short answer is: Yes — in the right circumstances.
But these cases are technical and require early investigation.

The Legal Framework

Provincial highways in Ontario — including Highways 11 and 17 — fall under the authority of the Province pursuant to the Public Transportation and Highway Improvement Act, and are maintained by or on behalf of the Ministry of Transportation of Ontario.

The Province has a statutory duty to keep its highways in a reasonable state of repair. In winter conditions, that obligation includes:

  • Monitoring weather and road conditions
  • Deploying patrols
  • Plowing within reasonable response times
  • Applying salt or sand where appropriate
  • Managing known high-risk areas (such as bridge decks and exposed stretches)

The legal test is not whether the highway was perfectly clear of snow or ice. Northern winters make that impossible.

The question is whether the Province (or its contracted maintenance provider) acted reasonably in the circumstances — having regard to:

  • The severity and timing of the storm
  • The traffic volume
  • The available resources
  • The foreseeability of the hazard
  • The response time once conditions became unsafe

Where the Province fails to act reasonably and that failure causes a collision, liability may arise.

What Must Be Proven?

To succeed in a winter highway negligence claim, you typically must establish:

  1. The roadway was in a state of non-repair or dangerous condition.
  2. The responsible authority failed to meet the applicable maintenance standard.
  3. That failure caused the collision.
  4. You suffered damages as a result.

The Province is not automatically liable simply because ice was present.

Winter driving in Northern Ontario is inherently risky. The law recognizes that. What it does not excuse is a failure to follow mandated standards.

Why These Cases Are Complex

Winter maintenance cases often turn on detailed evidence, including:

  • Plow GPS data
  • Salting logs
  • Patrol records
  • Weather radar reports
  • Road temperature data
  • Contractor compliance documentation

In serious cases, engineers and meteorological experts are retained to analyze whether the standard was met.

These are not “simple slip and fall” claims. They are document-heavy and expert-driven.

Notice Periods Matter

Claims against public authorities often involve strict notice requirements.

Failing to provide timely written notice can jeopardize a claim.

If a serious collision occurs on a winter highway, it is important that evidence be preserved quickly. Maintenance logs are not kept forever.

Early legal advice is not about rushing litigation.
It is about preserving proof.

What About Maintenance Contractors?

The Province frequently contracts winter maintenance to private companies. In some cases, responsibility may rest with:

  • The Province
  • A regional maintenance contractor
  • Both

Determining who controlled the roadway at the time of the incident is an early investigative step.

Common Scenarios Where Claims May Arise

  • A highway left untreated despite known freezing rain
  • Failure to patrol during active storm conditions
  • Delayed plowing outside mandated timelines
  • Black ice forming in a known high-risk area without monitoring
  • Inadequate sanding on bridge decks

Each case depends on its facts.

Contributory Negligence

In winter collision litigation, defence counsel often argue:

  • The driver was travelling too fast for conditions
  • Following distance was insufficient
  • Winter tires were not installed

Even where a roadway is inadequately maintained, fault can be shared.

The analysis is rarely all-or-nothing.

Northern Realities Matter

Driving between Thunder Bay and Nipigon in January is not the same as driving in downtown Toronto.

Geography, wind patterns, lake effect snow, and remoteness all influence how these cases unfold. Understanding how winter systems move across Northwestern Ontario is often critical in assessing whether maintenance response was reasonable.

When Should You Speak to a Lawyer?

If a winter highway collision results in:

  • Serious orthopaedic injury
  • Traumatic brain injury
  • Psychological trauma
  • Fatality

It is prudent to seek legal advice early — particularly where road conditions are suspected to have played a role.

These cases are technical and time-sensitive. Evidence fades. Digital logs are overwritten. Weather data becomes harder to reconstruct.

Final Thoughts

The Province is not an insurer of perfect road conditions. Winter will always bring risk.

But the law requires that public highways be maintained to defined standards.

When those standards are not met — and serious harm follows — accountability may exist.

If you have questions about a winter highway collision in Northwestern Ontario, you can contact our office for a free and confidential discussion about the circumstances and available options, 807-344-1000, or tell us your story here.

Disclaimer: This blog post is intended for general informational purposes only and does not constitute legal advice. Every case is different. If you have been injured in an accident, please consult with a qualified personal injury lawyer to discuss your specific circumstances.