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ARTICLE · 30 JANUARY 2017

Municipality Slides Away From Liability

Borden Ladner Gervais LLP
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In Martin et al v. the City of Barrie et al, 2016 ONSC 7830, the Ontario Superior Court found that the defendants were not liable for injuries suffered by the plaintiff when she went down a City-made snow slide during a winter festival and struck her tailbone on a chunk of ice that had become dislodged.

CanadaInsurance
George Wray
George Wray
Jonathan Thoburn
Jonathan Thoburn
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In Martin et al v. the City of Barrie et al, 2016 ONSC 7830, the Ontario Superior Court found that the defendants were not liable for injuries suffered by the plaintiff when she went down a City-made snow slide during a winter festival and struck her tailbone on a chunk of ice that had become dislodged.

On February 5, 2011, the plaintiff, Ms. Martin, along with her husband and two children attended the Winterfest and Festival of Ice (the "Festival") which was hosted annually by the City of Barrie ("City"). The Festival attracts 20,000 to 25,000 guests over the course of two days, and among other activities, guests were welcomed to go down a snow slide specifically crafted for the purposes of the Festival. The slide had three chutes of varying height and slope. Guests would go down the slide feet first, without the aid of a toboggan or sled.

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