Measurements Matter: City Avoids Liability For Sidewalk Fall

In Weiler v. City of London, the Ontario Superior Court dismissed a trip-and-fall claim because the sidewalk defect did not exceed the strict two-centimetre Minimum Maintenance Standards (MMS) threshold. The decision reinforces that plaintiffs bear the onus of proving that a sidewalk discontinuity exceeded the applicable repair threshold. The decision provides helpful guidance for Ontario municipalities in claims involving sidewalk discontinuities near the two-centimetre repair threshold.

The Ontario Superior Court of Justice recently dismissed a plaintiff’s trip-and-fall lawsuit against the City of London in Weiler v. City of London, 2026 ONSC 2011. The court found that the plaintiff failed to prove the sidewalk discontinuity exceeded the two-centimetre threshold under the Minimum Maintenance Standards (MMS). The court also ruled that the city's pandemic-related decision to pause annual inspections was protected by core policy immunity.