What is the legal test for keeping a road in a reasonable state of repair?
Saskatchewan, Canada
The following excerpt is from Yawney v. Clayton (Rural Municipality), 1955 CanLII 224 (SK CA):
In Ontario the law requires that the road shall be kept in repair and in Foley v. East Flamborough Tp. (1898) 29 OR 139, Armour, C.J. stated the principle applicable to such a duty as follows: “And I think that if the particular road is kept in such a reasonable state of repair that those requiring to use the road may, using ordinary care, pass to and fro upon it in safety, the requirement of the law is satisfied.”
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