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Roadway Includes Signage:
Involves the Interpretation of Signage As Roadway Infrastructure
Last Updated: August 22 2026
Question: Can a municipality be liable in Ontario if a stop sign or other roadway sign is not properly maintained?
Answer: Yes, in Ontario a municipality’s duty to keep a “highway” or “roadway” in repair can include more than the pavement, and courts have recognized signage as part of the roadway infrastructure. In The Queen v. Jennings et al., [1966] S.C.R. 532, the Court explained that where signage is required to be maintained, failure to do so can amount to a breach of the duty to keep the king’s highway in repair, creating an obvious danger to travellers using it with ordinary care. For a practical assessment of your injury or property damage claim, Olson Craig Legal can help you optimize your case theory and document the sign condition, location, and maintenance history with a lawyer & paralegals team in Ontario; call (226) 886-2001 for a free 1/4 hour consultation.
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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 significant number of inquiries related to “lawyers near me” or “best lawyer in” typically signify a pressing need for competent legal assistance instead of a specific job designation. In Ontario, licensed paralegals are governed by the same Law Society that regulates lawyers and are permitted to represent clients in specific litigation cases. Advocacy, legal assessment, and procedural expertise are fundamental to this position. Olson Craig Legal provides legal representation within its licensed framework, focusing on strategic positioning, evidence preparation, and effective advocacy aimed at securing prompt and advantageous outcomes for clients.