Applicants brought an application challenging the validity of sections 3, 4, and 5 of the 2002 Minimum Maintenance Standards for Municipal Roadways under the Municipal Act, 2001, asserting that the regulation was ultra vires.
The challenge arose in the context of a personal injury action alleging negligent winter road maintenance.
After the Court of Appeal’s decision in Giuliani limited the scope of the regulation and the municipality withdrew reliance on it as a defence, the respondents moved to strike the application as moot.
The court held that no live controversy remained between the parties and declined to exercise discretion to hear the matter, emphasizing judicial economy and the limited relevance of the impugned provisions following amendments and appellate guidance.