What is the basis for a claim against the City of Toronto for failing to treat a portion of ice on a residential street where there are no sidewalks?
Ontario, Canada
The following excerpt is from Ondrade v. Toronto (City), 2006 CanLII 14415 (ON SC):
The plaintiff relies on Chuhay v. Toronto (City), [2003] O.J. No. 4552, a Small Claims Court decision. There, the plaintiff slipped and fell on a portion of snow-covered ice on the roadway near the curb in front of her house. There were no sidewalks on the street. The deputy judge held the City liable for the plaintiff’s injuries, finding that the portion of the roadway normally used for pedestrian traffic was treated by no higher a standard than the roads generally in the area and therefore was lacking and constituted a state of non-repair.
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