What is the test for maintaining a residential street as a sidewalk?
Ontario, Canada
The following excerpt is from Dahlia v. Toronto (City), 2005 CanLII 62947 (ON SC):
In Glazman v. Toronto (City), [2002] O.J. No. 1881 (S.C.), Lane J. observed that “It is always foreseeable that pedestrians will cross the street in the middle of a block for various purposes. But that fact does not impose the burden on the City of maintaining all of its residential roadways as if they were sidewalks. They are maintained as roads and pedestrians choosing to cross them must bear that in mind. Nevertheless, the City is bound to keep the road in a reasonable state of repair for vehicular traffic.” (at para. 31).
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