In what circumstances will the court attribute contributory negligence to a plaintiff who falls on an icy sidewalk in the month of February?

Ontario, Canada


The following excerpt is from Bourgoin v. Leamington (Municipality), 2006 CanLII 11904 (ON SC):

In Bognoch v. Toronto (City), [1991] O.J. No. 1032, the plaintiff fell on an icy sidewalk also in the month of February. The court attributed her contributory negligence at 40 per cent.

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