The plaintiff slipped on snow/ice on a walkway near a construction site for the City of Toronto’s extension of the TTC subway system. She had witnessed contractors cleaning snow in the area just before walking through the walkway. She slipped and fell on what she believed to be a snow-covered patch of ice. The plaintiff sued the City of Toronto, Toronto Transit Commission, and the general contractor, Bondfield Construction Company.
The defendants brought a motion for summary judgment. Justice Perell granted the motion and dismissed the action, holding that there was no breach of duty under the Occupiers’ Liability Act, and no gross negligence by the City. Justice Perell found that the systems in place for winter maintenance were reasonable.
Despite disagreement between the defendants as to whether the winter maintenance policy was strictly followed, Justice Perell found there was no genuine issue requiring a trial about that issue because as a matter of fact the walkway conditions were addressed before the plaintiff reached the area. Justice Perell specifically noted that there was no suggestion that the plaintiff was careless in crossing the walkway, rather this was a case of an accident occurring without anyone being careless.