The respondent was injured when the top of a utility pole erected by the appellant municipality snapped during a windstorm and struck his vehicle on the highway.
The trial judge found the municipality liable in negligence and awarded damages.
On appeal, the municipality argued the action was barred by the limitation periods in sections 284(2) and 284(3) of the Municipal Act.
The Court of Appeal dismissed the appeal, holding that section 284(3) only applies when a vehicle leaves the highway, and section 284(2) did not apply because the claim was properly framed in negligence rather than non-repair.
The trial judge's inference of negligence and assessment of evidence were also upheld.
