Maintenance of roads and bridges
284.(1)The council of the corporation that has jurisdiction over a highway or bridge shall keep it in a state of repair that is reasonable in light of all the circumstances, including the character and location of the highway or bridge. Liability (1.1)In case of default, the corporation, subject to the Negligence Act, is liable for all damages any person sustains because of the default. Defence (1.2)The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it did not know and could not reasonably have been expected to know about the state of repair of the highway or bridge. Same (1.3)The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if it took reasonable steps to prevent the default from arising. Same (1.4)The corporation is not liable under subsection (1) or (1.1) for failing to keep a highway or bridge in a reasonable state of repair if, at the time the cause of action arises, (a) minimum standards established under subsection (1.5) apply, (i) to the highway or bridge, and (ii) to the alleged default; and (b) those standards have been met. Regulation (1.5)The Minister of Transportation may, by regulation, establish minimum standards of repair for, (a) highways and roads; (b) classes of highways and roads; (c) bridges; (d) classes of bridges. Same (1.6)The minimum standards may be general or particular in their application. Application extended to upper tier (1.7)A regulation made under subsection (1.5) also applies to regional, district and metropolitan municipalities and the County of Oxford. Adoption by reference (1.8)A regulation made under subsection (1.5) may adopt by reference, in whole or in part, with such changes as the Minister of Transportation considers necessary, any code, standard or guideline, as it reads at the time the regulation is made or as amended from time to time, whether before or after the regulation is made. 1996, c. 32, s. 54 (1). Limitation of actions (2)No action shall be brought against a corporation for the recovery of damages occasioned by such default, whether the want of a reasonable state of repair was the result of nonfeasance or misfeasance, after the expiration of three months from the time when the damages were sustained. R.S.O. 1990, c. M.45, s. 284 (2); 1996, c. 32, s. 54 (2). Insufficiency of fences, etc. (3)No action shall be brought against a corporation for the recovery of damages caused by the presence or absence or insufficiency of any wall, fence, guard rail, railing or barrier, 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 object adjacent to or in, along or upon any highway or any part thereof not within the travelled portion of such highway. Snow or ice on sidewalks (4)Except in case of gross negligence, a corporation is not liable for a personal injury caused by snow or ice upon a sidewalk. Notice of action (5)No action shall be brought for the recovery of the damages mentioned in subsection (1) unless notice in writing of the claim and of the injury complained of has been served upon or sent by registered mail to the head or the clerk of the corporation, in the case of a county or township within ten days, and in the case of an urban municipality within seven days, after the happening of the injury, nor unless, where the claim is against two or more corporations jointly liable for the repair of the highway or bridge, the prescribed notice was given to each of them within the prescribed time. When failure to give notice of claim is not a bar to action (6)In the case of the death of the person injured, failure to give notice is not a bar to the action and, except where the injury was caused by snow or ice upon a sidewalk, failure to give or insufficiency of the notice is not a bar to the action, if the court or judge before whom the action is tried is of the opinion that the corporation in its defence was not prejudiced by the want or insufficiency of the notice and that to bar the action would be an injustice, even if reasonable excuse for the want or insufficiency of the notice is not established. To what roads applicable (7)This section does not apply to a road, street or highway laid out or to a bridge built by a private person or by a body corporate until it is established by by-law of the council or otherwise assumed for public use by the corporation. When corporation not responsible for acts of others (8)Nothing in this section imposes upon a corporation any obligation or liability in respect of any act or omission of any person acting in the exercise of any power or authority conferred upon that person by law, and over which the corporation had no control, unless the corporation was a party to the act or omission, or the authority under which such person acted was a by-law, resolution or licence of its council. When corporation not liable for damages (9)A corporation is not liable for damages under this section unless the person claiming the damages has suffered by reason of the default of the corporation a particular loss or damage beyond what is suffered by that person in common with all other persons affected by the want of repair. Relief from obligation to rebuild (10)Where a bridge that it is the duty of a corporation to repair is destroyed or so damaged that it is necessary to rebuild it, the Municipal Board may, upon the application of the corporation, relieve it from the obligation to rebuild the bridge, if the Board is satisfied that it is no longer required for the public convenience or that the rebuilding of it would entail a larger expenditure than would be reasonable having regard to the use that would be made of the bridge if it were rebuilt. Conditions of granting relief (11)The relief may be granted on such terms and conditions as the Board considers just, and such notice of the application shall be given as the Board may direct. Costs of pending actions (12)Subsections (10) and (11) do not affect the costs of any pending action. R.S.O. 1990, c. M.45, s. 284 (3-12).