The newly amended Minimum Standards Regulation – Available Online
Written on May 9, 2018.
The newly amended Minimum Maintenance Standards have now been published online: https://www.ontario.ca/laws/regulation/020239
Archives for: Municipal
2018 Amendments to O.Reg 239/02 – Minimum Maintenance Standards for Municipal Highways
Written on May 4, 2018.
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 Read more...
Court of Appeal for Ontario considers s.5 of the MMS – Giuliani Distinguished
Written on December 22, 2017.
In the recent case of House v. Baird, 2017 ONCA 885, the Court of Appeal for Ontario upheld the Trial Judge’s decision that the municipal defendant had successfully established a defence under s.5 of the Minimum Maintenance Standards, O.Reg 239/02. This is the first appellate consideration of the application of s.5 of the MMS as Read more...
Ontario Court of Appeal upholds $12 Million Road Claim against Region of Sudbury
Written on May 30, 2017.
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 Read more...
Vehicle Insurance Now Needed for certain “Road Building Machines”
Written on May 30, 2017.
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 Read more...
Minors whose Litigation Guardians Fail to Give Notice under s.44(10) – ONCA Decision
Written on May 15, 2017.
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” Read more...