The appellant was injured when his bicycle hit a pothole on a municipal road.
He sued the municipality for negligence.
The trial judge found the municipality liable for failing to maintain a constant inspection system.
The Court of Appeal reversed this decision.
The Supreme Court of Canada dismissed the appeal, holding that under the Municipal Act, the municipality had the power but not the duty to maintain highways.
The frequency of road inspections was a matter of policy, and absent operational negligence in carrying out that policy, the municipality could not be held liable.
