A Calgary judge has ruled that Alberta can be sued over a 2014 crash near Cochrane that left a man quadriplegic after he struck a downed traffic sign on a provincial highway.
The ruling followed an application brought by Alberta’s Ministry of Transport to strike a lawsuit filed by Eugene Coolidge. The incident occurred at the exit from Highway 1 to Highway 22 in Rocky View County, identified in court documents as the 161A exit.
"The application is dismissed," wrote the Honourable Applications Judge J.L. Mason in the decision.
Mason stated that the application addressed only whether statutory immunity under section 42(7) of Alberta’s Highways Development Protection Act applied. The court made no finding on negligence or liability.
Coolidge broke his neck and was rendered quadriplegic after veering off the highway and striking a chevron directional sign he says was lying in the grass and not visible at the time.
Coolidge is seeking $400,000 in general damages, plus special damages.
His Majesty the King (HMK), the legal title representing Alberta’s Ministry of Transport, brought the application under Rule 3.68(2)(b) of Alberta’s Rules of Court, which allows a claim to be struck if it discloses no reasonable cause of action. HMK also applied for summary dismissal under Rule 7.3, though Mason noted its primary focus was the strike application.
Other named defendants include Rocky View County, the Town of Cochrane, Volker Stevin Contracting Ltd., and Volker Stevin Highways Ltd. The remaining defendants were served but did not participate in the application to strike. The court made no findings regarding their roles.
In its defence, HMK argued that highway maintenance contractor Volker Stevin was responsible for inspecting and maintaining the sign. It also submitted that Coolidge’s own pleading did not allege the sign caused him to leave the roadway and that no liability could follow.
Coolidge’s amended statement of claim describes the motorcycle as a 2012 Harley Davidson. In his sworn affidavit, he identifies the vehicle as a 2014 model. The ruling does not address the discrepancy.
According to the affidavit filed March 7, 2023, Coolidge stated:
"On or about August 17, 2014, I was operating a 2014 Harley Davidson motorcycle... on the curved 161A exit, towards Highway 22 south, when I lost control of the motorcycle on pea gravel and drove into a ditch."
"At the time of the Accident, a ‘chevron’ directional arrow sign... which indicated a curve in the road was lying in the grass of the ditch and not visible to me."
"I struck the Sign which caused me to be pitched from the Motorcycle and suffer catastrophic bodily injuries."
Coolidge’s affidavit included a video recorded the day after the crash and photographs of the motorcycle’s location. Both were filed as sworn exhibits.
Coolidge also filed an expert report by Steven MacInnes, P. Eng., of Envista Forensics. The report concluded the motorcycle likely struck the sign while it was lying flat in the ditch and that it was "likely still under control and still upright" at the time of impact.
HMK argued that the claim was barred under section 42(7) of the Highways Development Protection Act. Mason wrote that "it is clear from the Act that the legislature intended to limit Crown liability in relation to highways."
Mason stated that section 42(7) limits lawsuits against the Crown in two specific cases: when damage is caused by the presence or absence of a traffic control device, or when the damage involves something that is not located on the roadway. He noted that "roadway" is defined as the part of a highway designed or intended for use by vehicular traffic.
The Crown submitted that the chevron sign was in the ditch and therefore not on the roadway.
Mason rejected both defences.
"There is some evidence that the chevron sign, which was HMK’s acknowledged responsibility to keep in reasonable repair, contributed to the accident."
The court noted HMK did not claim the sign had been intentionally placed in the ditch.
"HMK did not assert that the ‘thing’ in question here – the downed chevron sign – was a product of its planned placement there."
Evidence relating to the province’s inspection system was filed by the plaintiff, not by HMK. Mason stated that while some evidence about Alberta’s inspection system had been provided, the parties had not submitted material sufficient to resolve the issue of maintenance responsibility.
"Whether HMK discharged its duty to keep the chevron sign in reasonable repair... was not the issue engaged in HMK’s application."
"As presented and argued, it would not be reasonable or fair to determine it on this basis."
Section 42(1) of the Act requires Alberta’s transportation minister to keep provincial highways "in a reasonable state of repair."
Mason reviewed precedent from Parkland (County of) v Stetar, [1975] 2 SCR 884. In that case, the Supreme Court held a municipality liable after a warning sign fell and was not replaced.
"Having erected a warning sign, the county... came under a duty to make adequate and proper inspections to ensure the proper maintenance of the sign."
The ruling also cited Pyke v The City of Calgary, a 2022 case in which the city was found partially liable after gravel and snow reduced the height of a median barrier and contributed to a fatal crash.
"The parties advise [s. 42(7)] has not been considered."
HMK filed a Ministerial Order designating Highway 1 as a provincial highway. Mason noted the affidavit of Michael Botros included the order, but it was not referenced in HMK’s submissions.
HMK also submitted excerpts from its Part 5 questioning of Coolidge, a pre-trial interview under oath, but did not call him for cross-examination at the application. The ruling paraphrased that evidence, stating Coolidge reportedly said weather conditions were clear, the turn was visible, and that he hit the sign after going off-road.
Coolidge is presumptively entitled to costs.
"The plaintiff is presumptively entitled to costs."
The application was heard on April 2 and decided on May 14, 2025. No trial date has been set.
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