McHardy et al. v. Ball et al.
| Jurisdiction | Ontario |
| Court | Superior Court of Justice of Ontario (Canada) |
| Judge | Matlow, Taliano and Wilton-Siegel, JJ. |
| Citation | [2013] O.A.C. Uned. 673 (DC),2013 ONSC 6564,[2013] O.A.C. Uned. 673 |
| Date | 14 November 2013 |
| Subject Matter | TORTS,MUNICIPAL LAW,PRACTICE |
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8 practice notes
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Court Of Appeal Summaries (November 3 ' 7, 2025)
...S.O. 2001, c. 25, s. 44(8)(1) (2), Housen v. Nikolaisen, 2002 SCC 33, Mask v. Silvercorp Metals Inc., 2016 ONCA 641, McHardy v. Ball, 2013 ONSC 6564, MacDonald v. LeFebvre et al., [1962] O.R. 495 (C.A.), 32 D.L.R. (2d) 696, Bland v. The King, [1941] O.R. 273, [1941] 4 D.L.R. 414 (C.A.); Fal......
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Stamatopoulos v. The Regional Municipality of Durham
...at the side of the highway. The plaintiffs rely primarily on the decisions of: Grosbeck v. Abram, 2014 ONSC 1674, and McHardy v. Ball, 2013 ONSC 6564 (Div. Ct.), affirming 2012 ONSC 1095. The plaintiffs made no submissions in relation to s. [579] Mr. Harris makes no argument in relation to ......
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2025 ONCA 758
...the accident was on an “untravelled portion”, the motion judge followed doctrine articulated by the Divisional Court in McHardy v. Ball, 2013 ONSC 6564, 17 M.P.L.R. (5th) 116. As the motion judge understood it, McHardy directed her to determine “whether the interaction of the public with th......
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Bello v Hamilton (City)
...the accident was on an “untravelled portion”, the motion judge followed doctrine articulated by the Divisional Court in McHardy v. Ball, 2013 ONSC 6564, 17 M.P.L.R. (5th) 116. As the motion judge understood it, McHardy directed her to determine “whether the interaction of the public with th......
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6 cases
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Pyke v Calgary (City)
...portion of the road” with reference to the “reasonably foreseeable” test set out by the Ontario Divisional Court in McHardy v Ball, 2013 ONSC 6564 citing Ouellette v Hearst (Corp of the Town) (2004), 70 OR (3d) 204, 2004 CanLII 36122 (ON CA), leave to appeal to SCC dismissed, 30353 (18 Nove......
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Stamatopoulos v. The Regional Municipality of Durham
...at the side of the highway. The plaintiffs rely primarily on the decisions of: Grosbeck v. Abram, 2014 ONSC 1674, and McHardy v. Ball, 2013 ONSC 6564 (Div. Ct.), affirming 2012 ONSC 1095. The plaintiffs made no submissions in relation to s. [579] Mr. Harris makes no argument in relation to ......
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Bello v. Hamilton (City)
...the accident was on an “untravelled portion”, the motion judge followed doctrine articulated by the Divisional Court in McHardy v. Ball, 2013 ONSC 6564, 17 M.P.L.R. (5th) 116. As the motion judge understood it, McHardy directed her to determine “whether the interaction of the public with th......
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Pyke v Calgary (City)
...a boulevard (see Johnson v Milton, 2006 CanLII 27234 (ON SC); Grosbeck v Abram, 2014 ONSC 1674; and Wood (Litigation Guardian of) v Ball, 2013 ONSC 6564). [107]     The Ontario Court of Appeal in Ouellette v The Corporation of the Town of Hearst et al (2004), 7......
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2 firm's commentaries
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Court Of Appeal Summaries (November 3 ' 7, 2025)
...S.O. 2001, c. 25, s. 44(8)(1) (2), Housen v. Nikolaisen, 2002 SCC 33, Mask v. Silvercorp Metals Inc., 2016 ONCA 641, McHardy v. Ball, 2013 ONSC 6564, MacDonald v. LeFebvre et al., [1962] O.R. 495 (C.A.), 32 D.L.R. (2d) 696, Bland v. The King, [1941] O.R. 273, [1941] 4 D.L.R. 414 (C.A.); Fal......
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Court Of Appeal Reverses Course On "Untravelled Portion Of A Highway"
...the off-road path, which the plaintiff could have used instead. The motion judge cited the Divisional Court's decision in McHardy v Ball, 2013 ONSC 6564 for the proposition that a key consideration under s. 44(8) was whether the use of the off-road path by members of the public was reasonab......