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Roadway Includes Signage:
Involves the Interpretation of Signage As Roadway Infrastructure
Last Updated: July 02 2026
Question: What does the definition of “roadway” under Ontario municipal law include, and can a municipality be liable if a required traffic sign is not maintained?
Answer: Olson Craig Legal can help Ontario residents and businesses through Lawyer & Paralegals on municipal liability issues related to injuries or damage caused by poor roadway maintenance, including signage, sidewalks, boulevards, ditches, and other components that make up the “highway” or “roadway” for Municipal Act, 2001 purposes. In The Queen v. Jennings et al., The Queen v. Jennings et al., [1966] S.C.R. 532, the Court emphasized that where a statutory duty exists to keep a highway in repair, municipalities must maintain the signage so travellers using the roadway with ordinary care can do so safely, so if a stop sign or similar through-highway sign is not properly maintained, you may have grounds to ask for legal guidance. If you need next steps, contact (226) 886-2001 to discuss your situation.
Understanding That the Definition of Roadway Includes Signage
When involved in litigation that requires a legal interpretation of the term "highway", which is synonymous to the word "roadway" in the context of municipal law, it is necessary to broadly review the terms used within the Municipal Act, 2001, S.O. 2001, Chapter 25, as well as to review precedent case decisions . Upon review of what constitutes as the "roadway", much more than just the roadway surface is deemed included whereas prior decisions confirm that a sidewalk, a boulevard, a ditch, and other portions of the roadway infrastructure form the overall "roadway". Among the overall infrastructure forming the "roadway" is signage. Although a case decision arising prior to the enactment of the current Municipal Act, 2001, the case of The Queen v. Jennings et al., [1966] S.C.R. 532, provides instruction on the interpretation of signage as an element of the "roadway" requiring maintenance by a municipality. Specifically, within the Jennings case it was said:
The appellant contends that failure to maintain a stop sign as required by the relevant statute and regulations does not amount to “default to keep the King’s Highway in repair”. In the Courts below this submission has been unanimously rejected and, in my opinion, rightly so. It has been repeatedly held in Ontario that where a duty to keep a highway in repair is imposed by statute the body upon which it is imposed must keep the highway in such a condition that travellers using it with ordinary care may do so with safety. The danger created by the failure to maintain the required stop signs marking a through highway is too obvious to require comment.
Conclusion
The term "highway" under the Municipal Act, 2001, which also includes the term "roadway", involves elements of the roadway beyond just roadway surfaces and includes boulevards, sidewalks, ditches, and signage; and accordingly, a municipality may be liable for injury or damage that arises from a failure to maintain signs.
NOTE: A substantial amount of inquiries such as “lawyers near me” or “best lawyer in” typically indicate an urgency for proficient legal assistance rather than a particular title. In Ontario, licensed paralegals operate under the same Law Society that governs lawyers and are permitted to advocate for clients in specific litigation cases. Skills in advocacy, legal reasoning, and procedural expertise are core to this position. Olson Craig Legal provides legal representation within its licensed remit, focusing on strategic planning, evidence preparation, and compelling advocacy designed to secure effective and advantageous outcomes for clients.