What is the test for failing to provide notice of ice on a sidewalk that had been there for a day and a night?
Ontario, Canada
The following excerpt is from Kingston (City) v. Drennan, 1896 CanLII 35 (ON CA):
In Ringland v. Toronto, 23 C.P. 93, where the plaintiff failed, all that could be found in support of the allegation of negligence was that the small piece of ice on the sidewalk which caused the accident had been there for a day and a night. There was no reasonable evidence of notice to the corporation, and all that is decided in the case is that the mere existence of a piece of ice on a portion of the sidewalk is no evidence of actionable negligence. I think no one will disagree with that. Again in Burns v. City of Toronto, 42 U.C.R. 560, the plaintiff failed partly on the ground of contributory negligence and partly on the ground that there was no evidence that the defendants could reasonably be held to have had notice of the condition of the sidewalk.
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