The Difficulties Of Relying On The Minimum Maintenance Standards

• Published date: 28 March 2022
• Law Firm: McCague Borlack LLP
• Author: Mr Van Krkachovski and Tess Doane

In 2020, the Ontario Superior Court of Justice released its decision following the third trial in Lloyd v Bush.¹ The case arose out of a motor vehicle accident that occurred in 2001 when Leslie Lloyd's small vehicle collided with a Freightliner propane tanker operated by David Bush. The collision occurred at Rankins Corners, an S-curve in the road near the town of Napanee, Ontario.

As a result of the accident, Ms. Lloyd sustained serious injuries. She sued not only the operator and owner of the propane tanker but also named the Corporation of the County of Lennox and Addington and the Corporation of the Town of Greater Napanee as defendants to her claim. At issue in the third trial was the question of liability: how much liability, if any, should be attributed to the municipal defendants for the poor road conditions? And would the municipalities' efforts to meet the minimum maintenance standards absolve them of liability?

Municipal Roadways must be kept in a Reasonable State of Repair

Section 44(1) of the Municipal Act states that "the municipality that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in the circumstances, including the character and location of the highway or bridge."² Further, section 44(3) of the Act creates a defence for municipalities; it states that the municipality will not be liable for failing to keep the roadway in a reasonable state of repair if any of the following three...