The defendant municipality brought a motion for summary judgment seeking dismissal of negligence claims arising from a single‑vehicle accident at a rural intersection.
The plaintiffs alleged that the municipality’s reconstruction of the roadway created a dangerous condition, including an inadequate clear zone and steep embankment adjacent to the roadway.
The municipality relied on the statutory bar in s. 44(8)(b) of the Municipal Act, 2001, arguing the accident occurred on an untravelled portion of the highway.
The court held that determining whether the clear zone and drainage ditch embankment constituted an untravelled portion of the highway required factual findings regarding reasonable foreseeability and road design standards.
Because these issues formed part of a broader factual matrix that could not be fully appreciated on the record, the municipality failed to meet the summary judgment test.
