Does the trial judge have any authority or authority to find a municipality liable for damages under the Municipal Act, 2001?
Ontario, Canada
The following excerpt is from Lloyd v. Bush, 2017 ONCA 252 (CanLII):
The trial judge properly referenced but does not appear to have applied Ondrade v. Toronto (City), [2006] O.J. No. 1769 (S.C.J.) where it is noted at para. 65 that s. 44(3)(b) of the Municipal Act, 2001 speaks to action rather than to result. In other words, the Municipal Act, 2001 does not create a regime of absolute liability. The steps to be taken by a municipality need only be within the range of what is reasonable in the circumstances.
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