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ARTICLE · 02 JANUARY 2025

Liability For Dangerous Winter Conditions On Roads And Sidewalks

Siskinds LLP
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As winter officially rolls in, and snow and ice accumulate on roadways and sidewalks, extra care is needed to ensure no injuries occur because of these potentially dangerous conditions.

CanadaLitigation, Mediation & Arbitration
Rasha El-Tawil
Rasha El-Tawil
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As winter officially rolls in, and snow and ice accumulate on roadways and sidewalks, extra care is needed to ensure no injuries occur because of these potentially dangerous conditions.

The liability of municipalities, road authorities, and winter maintenance companies for icy roads and sidewalks during the winter months is an important and complex issue. Road authorities have a legal duty to maintain roads in a state of repair that is reasonable in the circumstances. For municipalities, these obligations are outlined in the Municipal Act, 2001, S.O. 2001, c. 25. For provincial highways, the obligations are set out in the Public Transportation and Highway Improvement Act, R.S.O. 1990, c. P.50. This includes taking reasonable steps to prevent ice-related hazards on roads, highways, sidewalks, and public spaces where people are expected to travel.

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