What is the test for determining whether a municipal authority has been negligent in dealing with a complaint of non-repair or hazard?
Ontario, Canada
The following excerpt is from Graham v. Toronto (City), 2009 CanLII 66908 (ON SC):
It is a question of fact in each case whether a condition of non-repair or hazard exists and if so, whether the municipal authority’s response is reasonable, timely, and properly executed. Thornhill v. Shadid, supra.
A municipality will be held liable if it fails to take steps within a reasonable time to eliminate a situation of hazard after the hazard has become known, or ought to have become known. Thornhill v. Shadid, supra.
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