CDL – Costerus v. Kitchener

Winter Is Coming 

Time to Brush Up on Icy Sidewalk Cases AUDIOCONFERENCE –

Dec 12, 2017 – 12:30 PM ET

Speaker: Amelia Leckey, Miller Thomson LLP
Chair:  Mouna Hanna, Dolden Wallace Folick LLP

Costerus v. Kitchener (City) 2017 ONSC 6030 October 15, 2017

Review of

• evidence needed to defend icy sidewalk cases on behalf of a municipality
• policy considerations for municipalities in terms of allocation of resources
• issue of and evidence of contributory negligence

The Court reviewed case-law addressing Section 44 of the Municipal Act and the level of negligence required in order to establish gross negligence with respect to the presence of snow or ice on a municipal sidewalk. 

The case sets out in detail the knowledge the municipality had of conditions that could lead to the formation of ice on the sidewalks, and the knowledge the municipality had as to the high level of pedestrian traffic in the area of the fall.   

There is also a thorough discussion of policy decisions/resource allocation decision made by the municipality, and whether those policies were acceptable in the circumstances. 

Finally the case addresses the contributory negligence of a plaintiff who had knowledge of the icy conditions, still chose to wear improper footwear for the conditions, and failed to take a route that would have been safer .