Slip & Fall Claim Dismissed With Summary Judgment

Case facts

In Lewandowska v Vander Woude, 2019 ABPC 115, the Plaintiff slipped and fell on the sidewalk adjacent to our clients' property. The Plaintiff claimed that our clients caused ice build up on the sidewalk due to the existence of an eavestrough that pointed down the driveway toward the sidewalk thereby making them liable for the slip & fall. Judge J.N. LeGrandeur granted summary judgment in our favour and dismissed the Plaintiff's claim on the basis that our clients did not owe a duty of care to the Plaintiff as they were not occupiers of the sidewalk.

The Ruling

The Judge recognized that a duty of care can arise if a homeowner lets a hazard spill off of their property onto the sidewalk, but the Judge found that on the evidence before him, he could not conclude that this had occurred. He indicated at para 31 that: