In Cole v. Deep River (Town), [2003] O. J. No. 583 (O.S.C.J.), the plaintiff sued the municipality for injuries resulting from a slip and fall on a sidewalk. The sidewalk where the accident occurred was sloped but the municipality left sand on the sidewalk to provide traction in case ice was present. The plaintiff was 56 years old. She walked by the sloped sidewalk in March, noticed sand on it and avoided it. She was well familiar with the slope. She had walked on it previously in summer, but she said she typically avoided it in spring and winter. The next day she walked by the slope again and again noticed the presence of the sand, but this time she stepped onto the slope without looking, slipped on the sand and fell sustaining serious injuries. Importantly, there had been no other reported slips or complaints regarding the sloped sidewalk, which was steeper than the building code stipulated, although less sloped than in other governmental allowances. Expert evidence indicated that the slope was slip-resistant at an acceptable level and that spreading sand on sidewalks to guard against the risk of ice late in the winter season was standard municipal practice throughout much of Canada and not only in this province.
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