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The newly amended Minimum Standards Regulation – Available Online

The newly amended Minimum Maintenance Standards have now been published online:

2018 Amendments to O.Reg 239/02 – Minimum Maintenance Standards for Municipal Highways

On May 3rd, 2018, the Minister of Transportation signed into law, amendments to O.Reg 239/02 – Minimum Maintenance Standards for Municipal Highways, which is one of the core statutory defenses municipalities have if sued for alleged non-repair of their highways. The amendments are a significant step forward, and part of the automatic five year review […]

Ontario Court of Appeal upholds $12 Million Road Claim against Region of Sudbury

The ONCA has recently dismissed the appeal by the Regional Municipality of Sudbury from a trial decision that held it liable to a plaintiff catastrophically injured in a motor vehicle accident due to alleged road non-repair, from a “re-freeze” of the roadway after it was salted. Damages in the case were agreed to be approximately […]

Vehicle Insurance Now Needed for certain “Road Building Machines”

Municipalities in Ontario and their insurers should note that on July 1, 2017, new rules for “Road Building Machines” will come into effect, which will now require certain types of vehicles to be insured and their operators licensed. The following vehicles will no longer be considered road-building machines (exempt from the usual insurance requirements) and […]

Minors whose Litigation Guardians Fail to Give Notice under s.44(10) – ONCA Decision

In a recent decision in Azzeh v. Legendre, 2017 ONCA 385, the Court of Appeal for Ontario applied the notice requirement under s.44(10) to a claim by a minor represented by litigation guardian. The Court found that failing to give notice to the municipality by the Litigation Guardian by over a year, was not “reasonable” […]

Lucas Kittmer joins PM Law

The partners of Paterson MacDougall LLP are very pleased to welcome Lucas Kittmer as a new associate with the firm. Lucas completed his articles this year with Teplitsky Colson LLP, receiving warm praise for his hard work there while a student at law, and was called to the bar in June. He graduated from U […]

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