Does a Minister have a duty to maintain a highway?
Yukon, Canada
The following excerpt is from Schan v. Whitehorse (City), 2008 YKSC 59 (CanLII):
He voiced similar sentiments in Swinamer v. Nova Scotia (Attorney General), 1994 CanLII 122 (SCC), [1994] 1 S.C.R. 445, in which Cory J. found an indication of a duty to maintain in statutory provisions stating that the Minister had the supervision, management and control of the highways and of all matters relating thereto, and the Minister “may” maintain any highway. Cory J. used similar reasoning in Just.
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