What is the test for an obligation of a municipal council to keep in repair?

Saskatchewan, Canada


The following excerpt is from Williams v. Town of North Battleford, 1911 CanLII 161 (SK CA):

In Lucas v. The Corporation of Moore (1879), 3 Ont. Ap. 602, Patterson, J.A., lays down the following at p. 608: “It is now well settled by decisions in our own Courts, as well as in the New England States and in the State of New York upon statutes framed in similar terms, that the obligation expressed by the general phrase, ‘keep in repair’—a phrase which is applied equally to an allowance for road in a newly-surveyed and organised township, and to a crowded street in the business part of a city—is satisfied by keeping the road in such a state as is reasonably safe and sufficient for the requirements of the particular locality, and that in deciding whether any municipal council is chargeable with default, regard must be had to such considerations as the means at the command of the council, and the nature of the ordinary traffic of the locality.”

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