Last week we discussed how the Municipal Government Act provides municipalities with defences for injury or damage caused by disrepair on a public rights-of-way or property. The MGA also provides for a defence when it comes to inspection and maintenance of these areas.
Section 530 of the MGA states that a municipality cannot be liable for damage caused by a system of inspection or maintenance, or the manner in which they’re performed. This also includes the frequency, infrequency, or absence of inspection or maintenance. The two exceptions to this are if:
- the plaintiff can prove the inspection or maintenance was negligent;
- the inspection or maintenance was not done in good faith.