Action Against Municipality Dismissed for Failure to Give Notice The new test for summary judgment as set out in the Supreme Court in Hryniak has been applied to dismiss a claim against a Municipality for...
Action Against Municipality for Failing to Repair Potholes Dismissed Justice Leach has conducted a thorough review of the standard of care for a municipality as it relates to potholes in the decision of McLeod...
Municipality Not Liable in Recreational Trail Case Recently the Ontario Courts found a municipality not liable, under section 4(1) of the Occupier’s Liability Act, for the plaintiff’s fa...
Action Against Municipality Dismissed for Failing to Give Notice In August of last year, we reported on Argue v. Tay (Township) , in which the action was dismissed for the failure to give notice required...
City Not Liable for Icy Boulevard The City of London has successfully defended a slip and fall action that occurred following a winter storm. In Bondy v. London (City) , [20...
Action Dismissed for Failing to Comply with Municipal Act Notice Requirement Argue v. Tay (Township) , 2012 ONSC 4622 (CanLii) A municipality was recently successful in having a case dismissed based on the failure of ...
Minimum Maintenance Standards Ruled Inapplicable Giuliani v. Halton (Municipality) , 2011 ONCA 812 (C.A.) The Giuliani decision was released by the Court of Appeal on December 21, 2011. The...
Statutory Duty of Care Morsi v. Femer Paving Ltd . [2011] O.J. No. 3960 This is an appeal from a trial decision that held York Region and Femer Paving Ltd each 25 ...