The plaintiffs brought an action against the municipality for damages arising from a single-vehicle motorcycle accident caused by a surface discontinuity at an intersection.
The court assessed the plaintiffs' damages, including general damages, past and future income loss, and Family Law Act claims.
However, applying the four-part test for municipal liability under section 44 of the Municipal Act, the court found that while the roadway was in a state of non-repair that caused the accident, the municipality successfully established a statutory defence because the height of the discontinuity met the Minimum Maintenance Standards.
Consequently, the action was dismissed.
