What common law negligence rules continue to apply in municipalities where the statutory liability scheme has not been enacted?
Ontario, Canada
The following excerpt is from Cartner v. Burlington (City), 2008 CanLII 37900 (ON SC):
See: City of Vancouver v. Cummings (1912), 1912 CanLII 21 (SCC), 46 S.C.R 457; Blanquiere v. Burlington, [1999] O. J. No. 2558; and The Law of Municipal Liability in Canada, above, sections 2.160 and 2.161, and cases cited there. I specifically note and acknowledge here that it is common law negligence rules that continue to apply where the statutory scheme has not been enacted. As in so many areas in Canada, the regimes applicable in various Canadian provinces and municipalities remains a patchwork, so caution must be exercised.
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