Risk Management Articles

Public Works

  • Creating a Successful Sidewalk Maintenance Policy: The MIABC Sidewalk Project

    A policy is a local government’s best defence to any claim. The courts will not find a local government liable for damage resulting from a trip and fall if the local government can demonstrate that it had a policy in place that was being followed at the time of the accident.
  • Duty Owed to Negligent Drivers

    What is the duty owed by a municipality to an unsafe driver who fails to take appropriate care for his or her own safety? Two cases are examined to differentiate between the existence of a duty of care and the standard of care required to meet that duty.
  • Fleet Management Technology

    In 2015, the District of Peachland installed a fleet management system for all of its vehicles, large and small, from pickup trucks to lawn mowers to snow plows. The District reports that it is already reaping the benefits of this risk management initiative.
  • Flood Claims: Shelter from the Storm

    Flooding, whether it occurs over land or through sewer back-ups, inevitably leads to claims against local governments, which are often blamed for either contributing to the damage or failing to take sufficient safeguards to prevent it.
  • Importance of Proper Record-Keeping

    in 2015, the Ontario Superior Court issued judgments against two different local governments, finding them negligent in carrying out winter maintenance duties. While the facts of each case are different, both highlighted the importance of good record-keeping practices.
  • Intersection Maintenance and Design

    The MIABC was recently successful in defending a claim on behalf of the City of Penticton, which had been sued for negligence in the maintenance and design of an intersection in its downtown core.
  • Maintenance of a Cycling Path

    In a recent decision, the BC Provincial Court dismissed an action against the City of Surrey in which it was alleged that the City was negligent in its maintenance of a cycling path.
  • Ontario Court of Appeal Clarifies Insurer’s Duty to Additional Insured

    On February 8, 2013, a tragic accident occurred on an icy road in Durham, Ontario. Antonio Carneiro Jr. died after his vehicle slid down a hill into an intersection, where it was struck by two vehicles.
  • Sewer Backup Liability

    MIABC Legal Counsel successfully defended a claim against the District of North Vancouver by a plaintiff suing for costs incurred when a sewage blockage caused flooding to his home.
  • The Importance of Road Signage

    The MIABC recently succeeded in appealing a Small Claims Court judgment against the Regional District of North Okanagan. This action arose out of a collision that occurred one morning in November 2011, between a cyclist and a park gate.