One of the statements of claim for playground injuries plead a breach of By-law 629. By-law 629 merely establishes a general duty on the city to keep all of its property clear, in good repair, and safe.*
§ 629-1. Definitions.
§ 629-2. Application.
This chapter applies to all property in the City of Toronto.
*§ 629-5. Owner’s duties.
The owner of property shall:
A. Repair, maintain and keep clean the property in accordance with the standards and take immediate action to eliminate any unsafe condition; and B. Ensure that every supplied facility, piece of equipment or appliance in or on the property is constructed, installed and maintained so that it will function safely and effectively, and is kept in a satisfactory working condition.
§ 629-6. Occupant’s duties.
Every person who occupies property shall: G. Take immediate action to eliminate any unsafe condition.
§ 629-7. Manner of making repairs.
A. All repairs shall be made in a good workmanlike manner with materials that are suitable and sufficient for the purpose and free from defects. B. Without restricting the generality of Subsection A:
(1) The requirement that repairs be made in a “good workmanlike manner” includes:
(a) Ensuring that the component repaired can perform its intended function.
§ 629-8. Higher standard.
If there is a conflict between a provision in this chapter and a provision of any other City by-law, the provision that establishes the highest standard to protect the health, safety and welfare of the general public prevails.
§ 629-10. Maintenance of yards and property.
§ 629-12. Accessory buildings. [e.g. field house]
Every accessory building shall be constructed and maintained with suitable and uniform materials, kept in good repair, free from hazards, and protected by paint, preservatives or other weather-resistant material. § 629-16. Structural adequacy.