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.

Other Questions


What is the test for whether a complaint has been filed in time for the purposes of determining whether there was a timely incident of discrimination? (British Columbia, Canada)
What are the factors used in determining whether a local authority is a "local board"? (Ontario, Canada)
What is the test for determining whether a third party has been negligent in causing the injury of a plaintiff by accident? (Alberta, Canada)
What is the test for determining whether a plaintiff is entitled to full compensation for non-pecuniary damages? (British Columbia, Canada)
What is the test for determining whether one cause is culpable and the other causes is non-culpable? (New Brunswick, Canada)
What is the test for determining whether or not an oncoming vehicle constitutes an immediate hazard? (British Columbia, Canada)
What is the test for determining whether a controller is negligent in the design of the circuitry? (Alberta, Canada)
What is the test for determining whether a plaintiff’s loss of ability to do household work can be classified as a non-pecuniary head of damages? (British Columbia, Canada)
Is fact evidence relevant in determining whether a party has been negligent in a prior negligence claim? (Ontario, Canada)
What are the factors used in determining whether to accept a complaint from a party who has been waiting six months? (British Columbia, Canada)