Guelph-Eramosa Public Works Director Ken Gagnon says – and the township’s lawyer agrees – the municipality will be in a “much compromised” position if the minimum maintenance standards (MMS) for Ontario roads are declared null and void.
Currently municipalities being sued for not properly maintaining their highways, bridges or sidewalks can use the MMS as a defence if they met the applicable standards.
“It’s a very important defence to this municipality,” said Gagnon, who told council a claim against the township was recently dropped after staff showed the MMS were met.
But an application filed with the Superior Court of Justice – expected to be heard this fall – will challenge the legality of the standards.
“The township is currently defending itself against two potentially multi-million dollar claims … and a third claim in small claims court,” Gagnon said, adding all three are tied to vehicular accidents.
As such, Gagnon recommended council support the request from the Ontario Good Roads Association (OGRA) for $0.10 per capita from all Ontario municipalities to establish a fund to help OGRA fight the application on behalf of all members.
For Guelph-Eramosa, that works out to $1,200, which Gagnon said would come from the $12,000 already budgeted this year for the department’s insurance claims and deductibles.
“It seems fairly obvious we need to get behind this,” Mayor Chris White said.
Council unanimously approved the $1,200 contribution to the OGRA legal fund.
