The obligation of a Municipality to maintain a sidewalk and the
Provincial Minimum Maintenance Standards were at the heart of a
recent decision out of the Ontario Superior Court of Justice,
Barbeau v. City of Kitchener.
In Barbeau, the plaintiff tripped on uneven adjacent
concrete sidewalk slabs. Through unscientific means, the plaintiff
argued that the height differential between the two slabs was at
least 26mm, more than the acceptable tolerance of 20mm in
accordance with the Provincial Minimum Maintenance Standards.
Through slightly more scientific means, the City measured the
offset between the two horizontal plains of concrete slabs at
anywhere between 11 and 19mm.
Significant evidence was led by the Municipality about the
operational systems in place to inspect and repair imperfections in
sidewalks that posed a danger to public health and safety. The City
was able to establish that they expended large sums of money
annually to investigate and repair
