Barratt v. Corporation of North Vancouver, [1980] 2 S.C.R. 418 (1980)

Extract

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Barratt v. Corporation of North Vancouver, [1980] 2 S.C.R. 418 (1980)

Supreme Court of Canada

Barratt v. Corporation of North Vancouver, [1980] 2 S.C.R. 418

Date: 1980-10-07

Robert Clark Barratt (Plaintiff) Appellant;

and

The Corporation of the District of North Vancouver (Defendant) Respondent.

1980: March 19; 1980: October 7.

Present: Martland, Ritchie, Dickson, Beetz, Estey, McIntyre and Chouinard J.J.

ON APPEAL FROM THE COURT OF APPEAL FOR BRITISH COLUMBIA

Negligence-Highways-Municipal corporation-Appellant injured when thrown by bicycle as its front wheel fell into pothole in thoroughfare under municipality's jurisdiction-Municipality authorized to maintain road but under no statutory obligation to do so-Municipal Act, R.S.B.C. 1960, c. 255, s. 513(2).

The appellant was injured in October 1973, when he was thrown from his bicycle as its front wheel fell into an unmarked, rain-filled pothole on a heavily travelled thoroughfare within the respondent municipality. The road, which had not been resurfaced since 1960 when the municipality assumed responsibility for it, was being reconstructed at the time but construction in the particular block in which the accident occurred had not yet started. The municipality's well-organized system ...

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