North Vancouver District Faces Major Financial Liability in Crosswalk Safety Case
A British Columbia Supreme Court judge has ruled that the District of North Vancouver bears significant financial responsibility for a tragic accident that left a young girl with permanent brain damage. The municipality has been ordered to pay more than two-thirds of a substantial $3.6 million damage award.
Court Finds Municipality 70 Percent Responsible
Justice Elin Sigurdson delivered a detailed judgment on January 30, 2026, determining that the District of North Vancouver was 70 percent responsible for the incident that occurred in June 2015. The driver involved in the accident was found 30 percent liable, while the victim herself bore no legal responsibility for her injuries.
This ruling means the district must pay just over $2.5 million of the total award. The judgment stems from a case where a seven-year-old girl, identified only as H.D. in court documents, suffered what Justice Sigurdson described as a "very significant traumatic brain injury" when she was struck by a vehicle while using a crosswalk.
Obstructed Visibility Due to Overgrown Vegetation
The court found that the municipality failed in its duty to properly maintain vegetation around the crosswalk located on East Braemer Road, between St. Andrews and St. Georges avenues. Justice Sigurdson noted that at the time of the accident, the pedestrian walkway and stairs leading to the crosswalk were lined with abundant greenery that significantly impeded visibility for both pedestrians and drivers.
"The street is lushly treed and the side of the road on which the footpath sits is forested and verdant," wrote Sigurdson in her judgment. "In June 2015, that greenery was abundant."
The growth of ivy, branches, and leaves around the stairway leading to the crosswalk created dangerous sightline obstructions that the court determined the district should have addressed, particularly given that the crosswalk was regularly used by schoolchildren walking to Carisbrooke Elementary.
Expert Testimony Highlights Safety Deficiencies
During the trial, traffic engineering expert John Morrall testified about multiple safety concerns at the crosswalk location:
- The crosswalk lacked adequate visual cues to alert drivers, such as flashing lights
- The speed limit should have been reduced to 40 km/h given the conditions
- Stopping distance after the crosswalk became visible was inadequate at 70 metres
- Overgrown vegetation obstructed visibility of the path leading to the crosswalk
An attending RCMP officer also testified that the vegetation posed a clear safety concern. The court heard that approximately one week before the accident, a district employee had trimmed some vegetation around the pedestrian-crossing sign, but his supervisor later testified this work was inadequate and that he should have alerted the transportation department about the sightline issues.
Substantial Damage Award for Life-Altering Injuries
Now 17 years old, H.D. received a comprehensive damage award that reflects the lifelong impact of her injuries:
- $2 million for future care requirements
- $1.25 million for loss of future income potential
- $350,000 for pain and suffering
The plaintiff's case alleged that the district was negligent in multiple areas, including failing to clear vegetation, designing and building the crosswalk in a way that created hazards, not taking adequate steps to prevent injury to users, and failing to install proper signage.
This ruling serves as a significant precedent for municipal responsibility in maintaining public infrastructure, particularly in areas frequented by vulnerable road users like schoolchildren. The case highlights the critical importance of regular maintenance and proper design in pedestrian safety infrastructure throughout British Columbia communities.
