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ARTICLE · 04 FEBRUARY 2013

Municipality’s Liability For Sidewalks Greater In High Traffic Areas

Borden Ladner Gervais LLP
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Early on the summer morning of July 19, 2007, the plaintiff tripped and fell over a height differential between two sidewalk slabs while hurrying to catch a bus.

CanadaLitigation, Mediation & Arbitration
Borden Ladner Gervais LLP
Borden Ladner Gervais LLP
Marco Deiana
Marco Deiana
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Municipality's Liability for Sidewalks Greater in High Traffic Areas In a recent judgment of Justice Cavarzan of the Ontario Superior Court of Justice, the court considered a municipality's duty under section 44 of the Municipal Act, 2001, (the "Act ") relating to sidewalk maintenance. At issue was a claim for damages resulting from a pedestrian trip and fall accident that was caused by an uneven sidewalk. The decision is interesting for its discussion of a higher standard expected of a municipality in maintaining its sidewalks within a high traffic area. Please click here for the full decision.

The Facts

Early on the summer morning of July 19, 2007, the plaintiff tripped and fell over a height differential between two sidewalk slabs while hurrying to catch a bus. The plaintiff sustained a crack in her tibia shinbone and two loose front teeth. The plaintiff's estimate of the height differential where she tripped was one inch or more.

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