On appeal from a trial judgment finding the municipal defendants liable for damages arising from a motor vehicle accident on a rural road during winter conditions.
The appellants challenged the trial judge's interpretation and application of the Municipal Act, 2001 duty to clear roads of snow and ice.
The trial judge found the road in a state of non-repair and held the municipality failed to take reasonable steps to prevent or correct the condition.
The appellants argued the trial judge applied an unreasonably high standard of maintenance for a Class 4 rural road, erred in requiring the application of straight salt rather than sand/salt mixture, and excluded relevant evidence regarding financial costs.
The Court of Appeal allowed the appeal in part, set aside the liability findings, and ordered a new trial on liability issues while upholding the damages assessment.
