Minimum Maintenance Standards: How Low Can They Go?

• Municipalities are not always liable for damages resulting from motor vehicle accidents in Ontario.
• Minimum maintenance standards set by Regulation 239/02 define what municipalities must do to keep roads and sidewalks in working order.
• Courts consider factors such as the character and location of the road when determining liability under minimum maintenance standards.

The standard under the law is reasonableness, not perfection.

In Ontario, municipalities are not always liable for damages resulting from motor vehicle accidents, despite minimum maintenance standards set by Regulation 239/02. When a pothole or cracked sidewalk causes an accident, the instinct is to blame the city, but proving municipal liability can be challenging. The minimum maintenance standards define what municipalities must do to keep roads and sidewalks in working order, setting a legally binding threshold for what is considered a state of repair.

The regulation was introduced under the Municipal Act as a response to growing problems with accidents on municipal roads and highways, which had become the single largest source of claims against municipalities. The minimum maintenance standards cover various conditions, including surface discontinuities, but do not apply to Class 6 highways with low traffic counts.

The municipality's obligation to maintain roads and sidewalks is governed by the Municipal Act, specifically section 44(1), which requires a reasonable state of repair considering the character and location of the road. If a municipality fails to meet this standard, it may be liable for damages under the Negligence Act. However, municipalities are not insurers, and the standard is reasonableness, not perfection.

The minimum maintenance standards are triggered when the municipality becomes aware of a problem, which can be deemed by circumstances that ought reasonably to have known. This means wilful blindness does not protect municipalities, and patrol records and inspection logs carry significant weight in litigation.

Lawyers advising clients on personal injury claims in Ontario should be aware of the nuances surrounding municipal liability under minimum maintenance standards. A municipality's failure to meet these standards does not automatically make them liable, and courts consider factors such as the character and location of the road when determining liability.

Understanding the minimum maintenance standards and their application can help lawyers advise clients on the likelihood of success in claims against municipalities. This knowledge can also inform municipal governments' approaches to maintaining roads and sidewalks, potentially reducing the number of accidents and related claims.

Lawyers advising clients on personal injury claims in Ontario should be aware that municipalities may not always be liable for damages, as the minimum maintenance standards set a reasonable threshold for what is considered a state of repair. A municipality's failure to meet these standards does not automatically make them an insurer, and courts will consider factors such as the character and location of the road when determining liability.

Source: Original reporting via Ontario Regulation 239/02