What is the common law duty of a municipal corporation to keep its highways free of nuisance?
Manitoba, Canada
The following excerpt is from Charleswood Homeowners' Association v. Winnipeg (City), 1983 CanLII 3035 (MB CA):
At common law the duty of a municipal corporation to keep its highways free of nuisance was owed only to those using the highways and not to others upon or in occupation of private property: see Lefebvre v. Town of Grand-Mère (1917), 1917 CanLII 87 (SCC), 37 D.L.R. 450, 55 S.C.R. 121. The City of Winnipeg Act has not altered that common law duty.
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