Liability for recreational trails
In our December article for Municipal World, we wrote about municipal liability to cyclists for failing to maintain roads in a proper state of repair. Municipalities could similarly find themselves liable as the occupiers of recreational path systems, if the trails are not adequately maintained.
View the post titled Liability for recreational trailsMore rulings for cyclists against municipalities
Two Quebec cases have held municipalities liable, where cyclists were injured when they lost control of their bicycles after riding over unexpected defects in the road. In Wilson Davies c. Montreal (Ville de), the cyclist was severely injured when she was thrown from her bicycle and became a…
View the post titled More rulings for cyclists against municipalitiesPharmaceuticals, drinking water, and liability
The better our detection ability becomes, the more things we find in the water. One important group of those things is pharmaceuticals and their metabolites. Pharmaceuticals are specifically designed to affect the bodies, brains and behaviour of humans and other animals, at comparatively low…
View the post titled Pharmaceuticals, drinking water, and liabilityWho pays for basement flooding?
It will likely be increasingly difficult for home and business owners to find anyone willing to pay for basement flooding. According to the insurers’ Institute for Catastrophic Loss Reduction, “basement flooding is one of the biggest challenges facing homeowners, municipal governments…
View the post titled Who pays for basement flooding?Drinking water safety: Worried yet about 2013?
Anyone elected to municipal council this fall, October 25, 2010, will still be in office on January 1, 2013, when section 19 of the Safe Drinking Water Act comes into effect. This is the unprecedented duty of care that requires municipal councillors and staff to “act honestly, competen…
View the post titled Drinking water safety: Worried yet about 2013?Fairness, non-polluter pays and Kawartha Lakes
Should municipalities have to pay to cleanup private spills? See today’s article in Lawyer’s Weekly.
View the post titled Fairness, non-polluter pays and Kawartha LakesDownloading liability on municipalities
Senior governments seem to have no shame about downloading enormous, undisclosed environmental liabilities on municipalities. In an English case, Corby Group Litigation v. Corby District Council, the Corby Borough Council (CBC) has been held liable for allowing residents to become exposed t…
View the post titled Downloading liability on municipalitiesWhy is fairness irrelevant?
Innocent parties forced to pay unfair environmental costs should seek compensation in the civil courts, and should not expect any help from the ERT.
View the post titled Why is fairness irrelevant?Municipal water quality, raccoons and class actions
Ste-Adele faced a class-action after two dead raccoons and one bird were found in a 40-year-old, 125,000 L, chlorinated municipal reservoir.
View the post titled Municipal water quality, raccoons and class actionsReceive Blog Posts
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