Can a municipality be held liable for failing to repair a building?
Saskatchewan, Canada
The following excerpt is from Robertson v. Sherwood, 1916 CanLII 282 (SK CA):
As this is a case of non-feasance, want of repair only, the defendant municipality is liable only if they are made so by Statute, and as they are not liable under the Statute in this case, there is no liability on their part (Pictou v. Geldert [1893] A.C. 524; 63 L.J.P.C. 37) and the action must be dismissed with costs. Action dismissed with costs.
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