Compliance With Minimum Maintenance Standards Assists In Establishing Statutory Defences Under Section 42(3)

On February 16, 2018, the Ontario Court of Appeal released its reasons in Kidanemariam v. Toronto (City), 2018 ONCA 167 dismissing the plaintiff's appeal of the lower court's dismissal of the action on summary judgment.

The plaintiff alleged that she tripped and fell as a result of a sidewalk discontinuity on Wellesley Street East in Toronto. The motion judge found that the plaintiff fell on "a section of the sidewalk that was not intended for the passage of pedestrians" and that was constructed of square pavers presumably intended to be aesthetically pleasing. One of the pavers was missing at the location of the alleged incident.

The City of Toronto (the "City") moved for summary judgment dismissing the plaintiff's claim on the basis of the statutory defences contained in section 42(3) of the City of Toronto Act, 2006 (the "Act"):