What is the test for maintaining a road in a reasonable state of repair?

Saskatchewan, Canada


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

I will just refer to one more case, Foley v. The Township of East Flamborough (1898), 29 Ont. Rep: 139, wherein Armour, C.J., at p. 141, lays down the following: “The word ‘repair,’ as used in the Municipal Act, has been held to be a relative term; and to determine whether a particular road is or is not in repair, within the meaning of the Act, regard must be had to the locality in which the road is situated, whether in a city, town, village, or township, and if in the latter, to the situation of the road therein, whether required to be used by many or by few, to how long the township has been settled, to how long the particular road has been opened for travel, to the number of roads to be kept in repair by the township, to the means at its disposal for that purpose, and to the requirement of the public using that road. All these matters are to be taken into consideration, and from them is to be deduced the quality of the repair necessary to comply with the terms of the Act. And I think that if the particular road is kept in such a reasonable state of repair that those requiring to use the road may, using ordinary care, pass to and fro upon it in safety, the requirement of the law is satisfied.”

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