Does a boulevard which is between a sidewalk and a roadway constitute a "highway"?
Ontario, Canada
The following excerpt is from Regional Municipality of York v. DiBlasi, 2014 ONSC 3259 (CanLII):
In McQueen v. Niagara-on-the-Lake (Town) (1987), 9 A.C.W.S. (3d) 45, [1987] O.J. No. 2416, at para. 13 the court ruled that a boulevard, which is between a sidewalk and a roadway was part of the “highway”. However, this case interpreted a previous 1980 version of the Act at section 257.
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