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ARTICLE · 21 OCTOBER 2024

Municipality Defeats Claim Arising From "Untravelled Portion Of A Highway"

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The Ontario Superior Court of Justice recently released its decision in Bello v City of Hamilton, 2024 ONSC 5457, granting summary judgment in favour of the defendant municipality based on a statutory provision...

CanadaTransport
Jonathan Thoburn
Jonathan Thoburn
Aidan Fishman
Aidan Fishman
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The Ontario Superior Court of Justice recently released its decision in Bello v City of Hamilton, 2024 ONSC 5457, granting summary judgment in favour of the defendant municipality based on a statutory provision in the Municipal Act addressing damages occurring on the "untravelled portion of a highway." This decision reiterates the law on this provision, which can provide a complete defence to municipalities in certain situations.

Background

The plaintiff was cycling with a group on Aug. 4, 2019, when he rode into a culvert situated on an "off-road path" adjacent to Stone Church Road East in Hamilton. Tragically, he broke his neck and was rendered a tetraplegic. The Plaintiff subsequently commenced a claim in negligence as against the City of Hamilton, seeking $22 million in damages.

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