Is s. 4 of the RPLA prohibited from applying to a civil action?
Ontario, Canada
The following excerpt is from Beniuk v. Leamington (Municipality), 2020 ONCA 238 (CanLII):
The motion judge’s conclusion that s. 4 of the RPLA does not apply to the appellants’ civil action is reviewable on a standard of correctness: Housen v. Nikolaisen, 2002 SCC 33, [2002] 2 S.C.R. 235, at para. 8. For the reasons that follow, I agree with the motion judge’s conclusion on this issue.
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