What is the common law duty of a municipal corporation to keep its highways free of nuisance?

Manitoba, Canada

The following excerpt is from Charleswood Homeowners' Association v. Winnipeg (City), 1983 CanLII 3035 (MB CA):

At common law the duty of a municipal corporation to keep its highways free of nuisance was owed only to those using the highways and not to others upon or in occupation of private property: see Lefebvre v. Town of Grand-Mère (1917), 1917 CanLII 87 (SCC), 37 D.L.R. 450, 55 S.C.R. 121. The City of Winnipeg Act has not altered that common law duty.

Other Questions

What are some common law issues in common law? (Manitoba, Canada)
How have courts interpreted the meaning of the common law in the context of common law? (Manitoba, Canada)
In what circumstances have common law principles concerning duress and undue influence been reviewed in common law? (Manitoba, Canada)
What is the common law common law cause of action in a motor vehicle accident case? (Manitoba, Canada)
Is a spouse or common-law partner entitled to the commuted value of a pension and each party’s share? (Manitoba, Canada)
What is the current state of the law on common intention in domestic violence cases? (Manitoba, Canada)
How does the common law interact with the Charter? (Manitoba, Canada)
Is a shareholder's right to access corporate information reviewable on a standard of correctness? (Manitoba, Canada)
Can a municipality without a by-law prevent a town from making improvements to its roads? (Manitoba, Canada)
What is the common law power of the police to search a lawfully arrested person? (Manitoba, Canada)

Alexi white

"The most advanced legal research software ever built."

Trusted by top litigators from across North America.