Claim Case Study: Bello v. City of Hamilton, 2024 ONSC 5457 Untravelled Portions of a Highway

Since the publication of this article, the Ontario Court of Appeal (ONCA) has released its decision in Bello v. Hamilton (City), 2025 ONCA 758 (CanLII), which overturned the trial ruling discussed below. The appellate court reached a different conclusion on whether the area in question constituted an “untravelled portion of a highway” under section 44(8) of the Municipal Act, 2001. For the most current legal analysis and municipal implications, please see Intact Public Entities’ updated article: Bello v. Hamilton (City), 2025 ONCA 758 – Narrowing the “Untravelled Portions of a Highway” Defence.