Notice, Limitation & Pleading Issues in Road Authority Cases

Author(s): Robert M. Ben

April 1, 2014

Municipal and provincial road authorities have a general duty of care to maintain their road systems in good repair so as to protect ordinary users of the highways, exercising reasonable care for their safety, from unreasonable risks of harm, including personal injury.

The duty and standard of care of municipal and provincial road authorities is codified in section 44 of the Municipal Act, 2001,1 and section 33 of the Public Transportation and Highway Improvement Act,2
respectively, requiring those authorities to keep highways in a state of repair.

In general terms, the duty to keep highways in a state of good repair encompasses the design, construction, maintenance (including snow and ice removal) and inspection of highways, along with signage, traffi c
guidance systems, and so on.

This article will briefly canvass the statutory notice and limitation periods applicable to claims against road authorities, address how the status of road authorities as “unprotected” defendants affects not only liability for damages but also the running of the limitation period and, lastly, the importance of consulting with experts at the pleadings stage.

Read full article The Litigator: Road Authorities

Share this


Related articles:

Hand on steering wheel

Don’t Let the Clock Run Out On Your Motor Vehicle Accident Injury Claim

Read more
George Karahotzitis

George Karahotzitis Ranked By Chambers And Partners Family/Matrimonial: High Net Worth – Canada, Band 1

Read more
Hand on steering wheel

Don’t Let the Clock Run Out On Your Motor Vehicle Accident Injury Claim

Read more
George Karahotzitis

George Karahotzitis Ranked By Chambers And Partners Family/Matrimonial: High Net Worth – Canada, Band 1

Read more

Stay Informed

Subscribe to receive updates on the latest news from Thomson Rogers as well as invitations to seminars, webinars and more.

Sign up now