Also, the living conditions
in town are rough and buildings are
in disrepair; would a better home outside of this historical
town be such a bad idea, especially for those barely making a living with the limited payouts from the current mining situations?
[171] Having found that Cty Rd 9
in Rankins Corner then was
in a state of
disrepair based on the then existing winter conditions, the onus shifts to the
Town to establish on a balance of probabilities that a condition of non-repair existed, notwithstanding all reasonable efforts by the
Town: Roycroft v. Kyte, [1999] O.J. No. 296 at para. 48 and Thornhill v. Shadid, supra, at paras. 108 - 109.