• Filling In the Gaps: Amendments to the Minimum Maintenance Standards for Municipal Highways
  • February 1, 2013 | Author: David Elman
  • Law Firm: Borden Ladner Gervais LLP - Toronto Office
  • On January 25, 2013, the Minister of Transportation signed a regulation amending the Minimum Maintenance Standards for Municipal Highways, O. Reg. 239/02 (“MMS”), under the Municipal Act, 2001, S.O. 2001, c. 25 (“Municipal Act”). The MMS were last amended in 2010. Pursuant to s. 44(2) of the Municipal Act, a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if, at the time the cause of action arose, minimum standards applied to the highway and the alleged default and the municipality met those standards. Highlights of the most recent amendments to the MMS include: