Notice, Limitation & Pleading Issues in Road Authority Cases

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