DATE: 20040510 DOCKET: C40806

COURT OF APPEAL FOR ONTARIO

RE:

JANET LEE OWENS (Appellant) v. THE CORPORATION OF THE CITY OF BRANTFORD (Respondent)

BEFORE:

DOHERTY, LASKIN and FELDMAN JJ.A.

COUNSEL:

Karl Beyer for the appellant

Brian Grant for the respondent

HEARD:

May 5, 2004

RELEASED ORALLY:

May 5, 2004

On appeal from the judgment of Justice B.H. Matheson of the Superior Court of Justice, dated September 25, 2003.

ENDORSEMENT

[1] We agree with the trial judge's approach. The municipality's duty to the plaintiff is rooted in its statutory duty to repair found in s. 284 of the Municipal Act, R.S.O. 1990, c. M.4.

[2] On the uncontested facts, there was no basis upon which the municipality's duty to repair under s. 284 could extend to pedestrian traffic at the location of the accident. In so holding, we should not be taken as accepting that the municipality's duty to repair extends to pedestrians only at areas specifically designated for pedestrian traffic. As the section says, the municipality:

shall keep roads in the state of repair that is reasonable in light of all of the circumstances, including the character and location of the highway or bridge [emphasis added].

[3] In the result, we dismiss the appeal.

[4] Costs to the respondent in the amount of $4,300.00.

"Doherty J.A." "John Laskin J.A." "K. Feldman J.A."