Supreme Court of Canada set to consider Leave to Appeal Application in Giuliani v. Milton et. al.

Written on May 17, 2012.

The Supreme Court of Canada is now set to consider the Application for Leave to Appeal from the Court of Appeal for Ontario’s decision in Giuliani v. Milton et. al.. The decision by the ONCA issued last December, effectively gutted sections 4 and 5 of the Minimum Maintenance Standards, O.Reg 239/02, and rendered them useless as a defence to claims against municipalities based on the presence of snow or ice on the road. The application for leave to appeal to the SCC has been brought by the Defendants, who have submitted (among other things) that the ruling of the trial judge, as somewhat varied and upheld by the ONCA, sterilized the clear purpose and intent of the MMS, and ignored the settled law in Canada applicable in all Provinces with respect to statutory interpretation. A decision by the SCC on the leave application is expected within the next 6 weeks. Stay Tuned….