Does a grass verge alongside a road constitute an improvement for the use of pedestrians?
British Columbia, Canada
The following excerpt is from McDonald v. Klassen, 2005 BCSC 1188 (CanLII):
To similar effect is the trial decision in Kovacova v. Ray, [1998] B.C.J. No. 3309 (S.C.). There, the court concluded that the grass area, or verge, alongside a road was not an improvement for the use of pedestrians. Counsel for the plaintiff seeks to distinguish these cases on the basis that there was no sidewalk at all in either case, only a boulevard or grassy area.
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