Can a municipality contract out the responsibility of sidewalk repair inspections to a third party?
Ontario, Canada
The following excerpt is from Worthey v City of Hamilton, 2015 ONSC 3690 (CanLII):
In Epifano v. Corporation of the City of Hamilton, supra, it was held at para. 9 that failure to provide the necessary training and tools to sidewalk inspectors undermines a reasonable inspection policy. Where, as here, the municipality contracts out the responsibility for sidewalk repair inspection, it seems to me the City has to either lead evidence from the third party, or from its own employees, to satisfy the court not only that the frequency of inspections was reasonable, but that the training and qualifications of, and the efforts taken by, those doing the inspections were reasonable.
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