Wednesday, July 4, 2012


Supreme Court will not hear Giuliani appeal

The Supreme Court of Canada has refused leave to appeal the decision in Giuliani v. Halton.  A link to our commentary on Giuliani is found at http://ontarioinsurancelaw.blogspot.ca/2012/02/minimum-maintenance-standards-ruled.html.  In Giulini, the trial judge held that the Minimum Maintenance Standards did not provide a defence where the snow accumulation  was less than 5 cm (as provided by s. 4 of the MMS for a Class 2 road).  In addition, s. 5 of the MMS did not establish a minimum standard for conditions that had not yet become icy. The Court of Appeal decision is found at: http://www.ontariocourts.ca/decisions/2011/2011ONCA0812.htm.

Giuliani leaves municipalities vulnerable to additional claims.  If the gap in the MMS is to be addressed, it will have to be done through legislation.

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