In 2013, we blogged on a decision by Justice Gorman dismissing a claim where the plaintiff fell on a sloped boulevard between the street and the sidewalk, Bondy v. London. The link to the blog post can be found here. The plaintiff appealed the decision.
The Court of Appeal dismissed the appeal, at 2014 ONCA 291 (C.A.). The parties agreed that the boulevard was a "highway" within the meaning of the Municipal Act. The Court of Appeal held that the highest standard to which the area needed to be maintained was as a highway for vehicles, not as a passageway for pedestrian traffic.
The plaintiff argued on appeal that because from time to time people cross the road in the middle between intersections, it creates a special circumstance that elevates the standard of maintenance. The Court of Appeal disagreed, holding that "The fact that people may cross at undesignated places on a road does not create or impose on the Municipality a higher level of maintenance obligation." There were also no special circumstances that created an obligation on the adjacent property owner to maintain the boulevard.
Wednesday, 10 December 2014
City Not Liable for Icy Boulevard
Artikel Terkait City Not Liable for Icy Boulevard :
Municipality Has No Duty to Negligent DriversThe Court of Appeal recently held that there is no duty on the part of a municipality to keep its roads safe for those who drive ...
City Not Liable for Icy BoulevardThe City of London has successfully defended a slip and fall action that occurred following a winter storm. In Bondy v. Lon ...
Action Dismissed for Failing to Provide Municipal NoticeA recent decision dismissed a plaintiff's claim against a municipality for failing to give notice within 10 days, as required by ...
Action Against Municipality for Failing to Repair Potholes DismissedJustice Leach has conducted a thorough review of the standard of care for a municipality as it relates to potholes in the decisio ...
Action Against Municipality Dismissed for Failing to Give NoticeIn August of last year, we reported on Argue v. Tay (Township), in which the action was dismissed for the failure to give no ...
Subscribe to:
Post Comments (Atom)
0 comments:
Post a Comment