Is a municipality bound to maintain creeks?
Ontario, Canada
The following excerpt is from Davis & Turpin v. Sudbury (Township), 1942 ONDR 1 (CanLII):
11. The municipality having constructed various works in these creeks, is bound to maintain them (Moore v. Cornwall, 40 O.W.N. 145). Section 77, sub-section 3, provides that "for the better maintenance of a natural stream, creek or watercourses which has been artificially improved by local assessment or otherwise, work may be done without the petition required by section 2" and I find that the work contemplated by section 77, sub-section 3.
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