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ARTICLE · 12 SEPTEMBER 2018

City Not To Blame For Snow Slide Accident

Rogers Partners LLP
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Recreational activities usually pose some risks. Injuries can happen, but that does not necessarily mean someone is legally to blame.

CanadaLitigation, Mediation & Arbitration
Brian Sunohara
Brian Sunohara
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Recreational activities usually pose some risks. Injuries can happen, but that does not necessarily mean someone is legally to blame.

In Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal dismissed an appeal by the plaintiffs in a lawsuit arising from an accident on a snow slide.

Facts

In February 2011, the City of Barrie hosted a Winterfest and Festival of Ice event. One of the activities was a snow slide. It was intended to be used primarily by children, but adults were also welcome to use it.

The main plaintiff's two children went down the slide and were not injured. The plaintiff then went down the slide. Near the bottom, she dug in her heels to slow herself, and her buttocks struck a hardened piece of ice. She felt immediate pain.

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