43 (1) The owner shall maintain Highway 407 and keep it in repair and any municipality in which any part of Highway 407 is situate is relieved of any liability for maintaining and repairing Highway 407.  1998, c. 28, s. 43 (1). Exception (2) Subsection (1) does not apply to any sidewalk or municipal undertaking or work constructed or in the course of construction by a municipality and the municipality is liable for want of repair for the sidewalk, municipal undertaking or work, whether the want of repair is the result of nonfeasance or misfeasance, in the same manner and to the same extent as in the case of any other like work constructed by the municipality.  1998, c. 28, s. 43 (2). Non-application of the Occupiers’ Liability Act (3) The Occupiers’ Liability Act does not apply to the owner where it is the occupier, within the meaning of that Act, of Highway 407.  1998, c. 28, s. 43 (3). Liability for damage in case of default (4) In the case of default by the owner to keep Highway 407 in repair, the owner is liable for damage sustained by any person by reason of the default.  1998, c. 28, s. 43 (4). Insufficiency of walls, etc. (5) No action shall be brought against the owner for the recovery of damages caused by the presence or absence or insufficiency of any wall, fence, guard rail, or barrier adjacent to or in, along or upon Highway 407 or caused by or on account of any construction, obstruction or erection or any situation, arrangement or disposition of any earth, rock, tree or other material or thing adjacent to or in, along or upon that part of Highway 407 that is not designed or intended for use by vehicular traffic.  1998, c. 28, s. 43 (5). Notice of claim (6) No action shall be brought for the recovery of damages under subsection (4) unless notice in writing of the claim and of the injury complained of has been personally served upon or sent by registered letter to the owner within the time period that applies to the King’s Highway for a notice of claim against the Crown in right of Ontario, but the failure to give or the insufficiency of the notice is not a bar to the action if a judge finds that there is reasonable excuse for the want or insufficiency of the notice and that the owner is not prejudiced in its defence.  1998, c. 28, s. 43 (6); 2002, c. 24, Sched. B, s. 38. (7) Repealed:  2002, c. 24, Sched. B, s. 25. Liability not to exceed that of a municipality (8) The liability imposed by this section does not impose on the owner any liability greater than the liability of a municipality with respect to a highway under its jurisdiction and control.  1998, c. 28, s. 43 (8). No Crown duty (9) Despite any other Act or regulation, the Crown in right of Ontario, a minister of the Crown or any ministry shall not have any duty to maintain or keep Highway 407 in repair.  1998, c. 28, s. 43 (9). Action barred (10) No action or proceeding of any kind shall be commenced against the Crown in right of Ontario, a minister of the Crown or a ministry, or any employee, officer, director or agent of the Crown in right of Ontario, a minister of the Crown or a ministry in respect of any loss or damage sustained by any person as a result of anything done or omitted to be done by any person, other than anything done or omitted to be done by the Crown in right of Ontario after the coming into force of this section, in connection with the management of Highway 407.  1998, c. 28, s. 43 (10). Section Amendments with date in force (d/m/y) 2002, c. 24, Sched. B, s. 25, 38 - 01/01/2004 Expropriation and Expansion