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Municipality not liable where roadway hazard originated on land outside its jurisdiction.
A municipality brought a motion for summary judgment seeking dismissal of a negligence claim arising from a motor vehicle accident allegedly caused by a curb stone that had moved from a grassy boulevard onto a roadway.
The dispute centered on which municipality had jurisdiction over the portion of the boulevard from which the curb stone originated.
Evidence including a survey established that the relevant land fell within the jurisdiction of another municipality that was responsible for roadway maintenance under the Municipal Act.
The court held that the moving municipality had no legal responsibility for the hazard and therefore owed no duty in respect of the curb stone.
Summary judgment was granted dismissing the action against the moving municipality.
Applicant not excluded from no-fault benefits where not convicted of driving without insurance.
The applicant was injured in a motor vehicle accident and received weekly income benefits from the insurer.
The insurer sought to exclude the applicant from receiving benefits under clauses 17(1)(c) and (d) of the No-Fault Benefits Schedule, arguing he was driving without insurance.
The arbitrator found that clause 17(1)(c) requires a conviction for driving without insurance, which the applicant did not have, as his charge was withdrawn and he pleaded guilty only to failing to have an insurance card.
The arbitrator also held that clause 17(1)(d) relates to licensing matters, not compulsory insurance legislation.
The applicant was found not to be excluded from receiving benefits and was awarded his expenses for the preliminary issue hearing.
