Municipalities across the province could find themselves mired in lawsuits should a challenge to minimum maintenance standards be upheld.
According to an email directed to Wellington North council from Steve Smith, of Frank Cowan Insurance, there has been a challenge to the Superior Court of Justice to have those standards declared null and void.
Smith stated the Ontario?Good Roads Association is filing notice with the court to oppose the application. He also said the OGRA is asking municipalities to help fund the cost of the legal challenge.
Materials provided by Smith stated, “Minimum maintenance standards were created to help municipalities defend legal actions alleging non repair of roads. These standards provide municipalities with not only a framework for road maintenance but also a defence under the Ontario Municipal Act.”
The section of the act states a municipality is not liable for failing to keep a highway or bridge in a reasonable state of repair if, at the time the cause of the action arose, those standards had been met.
Public Works Manager Gary Williamson said the issue came up through the Ontario Good Roads Association and Wellington North’s insurance company is supporting them.
“These standards … set the standards we must meet,” Williamson said. He added municipalities can exceed those standards.
Williamson also said an application was filed to make those standards non-useable as a defence.
“If that happens, it’s not a good thing.” He said the OGRA has requested support based on 10 cents per capita to help in the defence of minimum maintenance standards.
For Wellington North, it amounts to $1,100.
“I would strongly recommend council approve of it. It will cost a whole lot more if they are not supported,” Williamson said.
When Mayor Mike Broomhead asked Treasurer John Jeffrey if there is a place in the budget for this, Jeffrey responded, “I think we have to find it.”
He concurred with Williamson’s assessment of the situation.
Councillor Dan Yake said anyone who has dealt with this knows it is an important issue.
He said if those standards are abolished, claimants would not have to prove the municipality had not met minimum maintenance standards.
He suggested all they would need to do is prove that the municipality knew or ought to have known about the disrepair.
Yake anticipated it would also increase the number of judgements against municipalities which, in turn, would have a direct impact on insurance rates.
“We all know the cost of insurance and what this will do, so it’s money well spent,” Yake said. “It’s something we should support.”
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Erin council also supported the OGRA request with $1,000 on Tuesday night.
“The Town of Erin, at every claim, uses this as a defence,” roads superintendent Larry VanWyck said of the minimum maintenance standards.
