The Supreme Court of Canada has refused leave to appeal the decision in Giuliani v. Halton. A link to our commentary on Giuliani is found at http://insurance-coveragelaw.blogspot.ca/2012/02/minimum-maintenance-standards-ruled.html. In Giulini, the trial judge held that the Minimum Maintenance Standards did not provide a defence where the snow accumulation was less than 5 cm (as provided by s. 4 of the MMS for a Class 2 road). In addition, s. 5 of the MMS did not establish a minimum standard for conditions that had not yet become icy. The Court of Appeal decision is found at: http://www.ontariocourts.ca/decisions/2011/2011ONCA0812.htm.
Giuliani leaves municipalities vulnerable to additional claims. If the gap in the MMS is to be addressed, it will have to be done through legislation.
Giuliani leaves municipalities vulnerable to additional claims. If the gap in the MMS is to be addressed, it will have to be done through legislation.
No comments:
Post a Comment