Written on January 28, 2013.
The Ontario Government has published the amendments to Ont. Reg 239/02 – Minimum Maintenance Standards for Municipal Highways. The Regulation came into force on Friday, January 25th, 2013. Ont. Reg. 47.13 is available here. The following is a “consolidation” that we have prepared, showing the new language in red font. It is not the “official” […]
Written on January 28, 2013.
The Minister of Transportation has just signed amendments to Ont. Reg. 239/02 – Minimum Maintenance Standards for Municipal Highways. The amendments are aimed at correcting the problems created by the Court rulings in Giuliani v. Region of Halton et. al. Upon filing with the Registrar of Regulations and publication, the amendments will be considered “in […]
Written on January 9, 2013.
In a decision dated December 20, 2012, the Canadian Transportation Agency (CTA) dismissed complaints launched by the Public Health Agency of Canada and Queen’s University against Air Canada. The CTA found that Air Canada’s proposed tariff revisions that would allow it to stop transporting non-human primates for research are not unreasonable, nor are they unduly […]
Written on January 2, 2013.
In the recent decision, Niedermeyer v. Charlton, the British Columbia Supreme Court decided that a signed waiver absolving a driver of any liability can prevent a Plaintiff from claiming and collecting damages pursuant to the province’s automobile insurance scheme. The Plaintiff, Karen Niedermeyer, a teacher from Singapore, was returning from a zip-lining activity with six […]
Written on December 20, 2012.
The Supreme Court of Canada has dismissed the application for leave to appeal the Court of Appeal for Ontario’s decision in Deering v. Scugog (Twsp) et. al., by the municipal Defendants. The Court of Appeal for Ontario had previously upheld the trial Judge, finding that: “at the crest of the subject hill, even a prudent […]
Written on December 5, 2012.
The Honourable Justice Morissette in the recent decision of Fordham et. al. v. Municipality of Dutton-Dunwoch, held the municipality 50% liable for injuries suffered by a plaintiff who failed to stop at a clearly posted and visible Stop sign at a rural intersection, and struck an embankment some distance after the intersection. The reason? Because […]