Catchwords:

TORTS – negligence – duty of care – breach of duty – orange barricades placed on unmade verge of roadway along construction site – cyclist collided with barricade at night – streetlight not at full capacity – light not under control of builder – whether builder should have known light malfunctioning – whether duty of builder to illuminate barricade or place warning signs

LIMITATION OF ACTIONS – personal injury – date cause of action discoverable – when plaintiff knew injury caused by fault of defendant – when plaintiff knew injury sufficiently serious to justify bringing proceedings – actual knowledge established more than three years prior to commencement of proceedings – trial judge erred in relying on principles relevant to constructive knowledge