More from Jennifer Stirton on the new Municipal Maintenance Standards:
6. Expanded Sign Inspections
The MMS previously required road sign repairs where signs were illegible, improperly oriented or missing. There is now an additional requirement to repair road signs that are obscured. There is also a new requirement to conduct annual inspections of road signs to ensure that they meet the retro-reflectivity requirements of the Ontario Traffic Manual.
A weekly update of cases pertaining to the practice of insurance defence.
April 13, 2010
April 8, 2010
Amendments to MMS
More comments on the new Minimum Maintenance Standards, by Jennifer Stirton.
4. Slush Included in Snow Accumulation
The MMS have also been criticized for failing to address slushy road conditions.[1] The MMS now provide that snow accumulation on a road includes new fallen snow, wind-blown snow and slush. Snow clearing standards are triggered when snow accumulation reaches a prescribed depth.
[1] See Thornhill (Litigation Guardian of) v. Shadid, [2008] O.J. No. 372 at paras. 94-97 (S.C.J.). Note that although it was argued by counsel, the trial judge did not agree that the failure to address slush in the MMS was a gap in the regulation.
5. Annual Inspection of Luminaires
The MMS now provide for annual inspections of all luminaires to ensure that they are functioning. There was no previous inspection requirement.
4. Slush Included in Snow Accumulation
The MMS have also been criticized for failing to address slushy road conditions.[1] The MMS now provide that snow accumulation on a road includes new fallen snow, wind-blown snow and slush. Snow clearing standards are triggered when snow accumulation reaches a prescribed depth.
[1] See Thornhill (Litigation Guardian of) v. Shadid, [2008] O.J. No. 372 at paras. 94-97 (S.C.J.). Note that although it was argued by counsel, the trial judge did not agree that the failure to address slush in the MMS was a gap in the regulation.
5. Annual Inspection of Luminaires
The MMS now provide for annual inspections of all luminaires to ensure that they are functioning. There was no previous inspection requirement.
April 6, 2010
Amendments to MMS
More commentary on the recent amendments to the MMS, by Jennifer Stirton.
3. Additional Winter Patrolling Requirements
One of the criticisms of the MMS was that the patrolling requirements were inadequate to respond to winter road conditions.[1] The MMS now provide that during the winter maintenance season, municipalities must conduct the routine patrols that were previously required but must also patrol highways that are representative of its highways, as necessary, for snow and ice conditions. The standard also allows patrolling to be done by patrollers or by winter maintenance operators. As neither “representative” nor “as necessary” are defined terms and, we expect to see claims challenging municipal decisions about representative highways and necessary patrol frequencies.
[1] See Thornhill (Litigation Guardian of) v. Shadid, [2008] O.J. No. 372 at paras. 98-103 (S.C.J.).
3. Additional Winter Patrolling Requirements
One of the criticisms of the MMS was that the patrolling requirements were inadequate to respond to winter road conditions.[1] The MMS now provide that during the winter maintenance season, municipalities must conduct the routine patrols that were previously required but must also patrol highways that are representative of its highways, as necessary, for snow and ice conditions. The standard also allows patrolling to be done by patrollers or by winter maintenance operators. As neither “representative” nor “as necessary” are defined terms and, we expect to see claims challenging municipal decisions about representative highways and necessary patrol frequencies.
[1] See Thornhill (Litigation Guardian of) v. Shadid, [2008] O.J. No. 372 at paras. 98-103 (S.C.J.).
April 1, 2010
Amendments to MMS
More commentary on the recent amendments to the MMS, by Jennifer Stirton.
2. Application of MMS Not Restricted to Motor Vehicles
The MMS previously provided that they applied only in respect of motor vehicles using highways. This provision has been repealed, which suggests that the MMS now apply to pedestrians and bicycles using highways. This may be a response to recent case law which held that where roads are kept in a reasonable state of repair for vehicular traffic, which can include MMS compliance, a municipality may not be liable to pedestrians injured while walking on the road surface. Holmes v. Kingston (City), [2009] O.J. No. 1838 (S.C.J.).
2. Application of MMS Not Restricted to Motor Vehicles
The MMS previously provided that they applied only in respect of motor vehicles using highways. This provision has been repealed, which suggests that the MMS now apply to pedestrians and bicycles using highways. This may be a response to recent case law which held that where roads are kept in a reasonable state of repair for vehicular traffic, which can include MMS compliance, a municipality may not be liable to pedestrians injured while walking on the road surface. Holmes v. Kingston (City), [2009] O.J. No. 1838 (S.C.J.).
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