What is the standard to which a municipality can be held in the maintenance of its infrastructures? Are budget considerations relevant in the appreciation of its conduct?
Such were the questions raised before the Quebec Court of Appeal in Montréal (Ville de) c. Compagnie d’assurances Coseco, a recent case that raised the impact of article 1465 of the Civil Code of Quebec.
Marc-André McCann explains the background and reasons of this decision (PDF).