This blog will discuss the case of unsafe conditions on municipal property or at municipally run facilities.

On improperly maintained sidewalks, there is risk of slips, trips, and falls. Motor vehicle accidents sometimes occur when roads are inadequately maintained or are poorly constructed. And there have been accidents in public pools, recreational centres and other facilities.

In July of 2015, there was a much-publicized incident at a public splash pad in Georgetown, involving a toddler who severely burned his feet when he stepped on a hot metal grate that was not properly enclosed. It remains for the courts to determine whether the City was negligent in this accident.

Just as property owners are liable for unsafe conditions on their premises, municipalities are also liable for injuries that result because they did not take reasonable care to keep people safe. Ontario’s Municipal Act, 2010, defines the numerous and specific responsibilities of the various services and departments within a municipality.  If someone is injured on municipal property and there is a suggestion that the injury resulted because of unsafe conditions, then the Municipal Act is referenced to determine whether the facility met the requisite standards, as defined in the Act.

In the landmark case of Ingles v. Tutkaluk Construction, 2000, the Supreme Court of Canada ruled that “municipalities owe a duty of care to all who it is reasonable to conclude might be injured by the negligent exercise of their inspection powers”.

Municipalities are responsible and liable for a broad range of services and responsibilities, including but not limited to road construction and maintenance, water supply, recreational facilities, parks, sidewalks and public buildings.  Because cities and municipalities oversee such a large range of services to people with varying needs and expectations, the requirements for a successful suit against a municipality are more stringent than those against a business or private party.

Slip, trip, and fall accidents are very common on city property. These may include slipping on icy surfaces, or tripping on a poorly maintained sidewalk or pathway. Each case is unique and will be assessed individually but, in general, an injured person must prove ‘gross negligence’ on the part of the municipality, under the Municipal Act, section 44(9).  ‘Gross negligence’ has been defined by the Supreme Court of Canada’ as ‘very great negligence’. For example, if someone slipped on an icy sidewalk, there would likely need to be evidence that the weather report predicted an ice storm with high probability but the municipality failed to take any steps to prevent slipping and/or the sidewalk construction was faulty.

In road maintenance cases, municipalities have an obligation not only to maintain their roads in a proper state of repair but also to warn road users of any hazards.

City of Ottawa held contributorily liable for Injuries resulting from an OC Transpo Bus Accident

In the Gardiner v MacDonald, 2016,  an OC Transpo driver was held partly liable when the Ottawa bus he was driving T-boned an SUV.  Three of the occupants of the SUV died and one was catastrophically injured. The SUV had entered the intersection on a red light and alcohol use by the driver was considered a factor in causing the collision.  Although the driver of the SUV was deemed 80% liable for causing the devastating accident and injuries, the OC Transpo driver (and the City of Ottawa, as the owner of the bus) was found 20% liable.

Although he entered the intersection on a green light, the bus driver was found partly at fault for failing to take due care to avoid the collision with the SUV. A bus driver is considered to be a professional driver and thus, is held to a higher standard of care than ordinary drivers. However, the Ottawa bus driver did not adjust his driving properly to the winter driving conditions and was criticized by the court for such actions as momentary inattention and speeding. The judge, in this case, concluded that the bus driver may have been able to avoid the collision if he had taken the appropriate care.

City of Burlington contributorily liable for Injuries resulting from a Slip, Trip, and Fall

Mrs. Cartner was injured when she was walking from a bus stop to work and slipped and fell on a muddy and slurry concrete substance that was on the public sidewalk.  Although the substance originated from a nearby business, the sidewalk was maintained and owned by the City.  Both the owners of the business and the City were defendants in this 2008 action. In Cartner v. Burlington (City), the Court whether the City failed to meet its obligations to keep the sidewalks in a reasonable condition of repair under the Municipal Act. The onus is on the City to actively take steps to prevent disrepair from arising.

In the trial, it was shown that the City became aware of concerns with the construction of the area of sidewalk where Ms. Cartner fell because they sent a repair crew to attempt to grind down the trip ledge in 1999. The Judge ruled that the section of sidewalk where the slip and fall occurred, although of newer construction, was improperly constructed or designed. The sidewalk sloped away from the roadway causing the liquid concrete to become trapped and was also in a state of repair with regards to the trip ledge, which is non-compliant with the City’s own standards. The judge found the City liable for 20% of Mrs. Cartner’s injuries. The business owners who were responsible for the concrete slurry that flowed onto the sidewalk were found 80% liable.

The case was upheld on appeal to the Court of Appeal in 2010.

Notice period for beginning a lawsuit

Anyone who was injured on municipal property is required to submit written notice to the city or municipality within 10 days of the injury, as defined in the Municipal Act, 2001, 44(10).  This deadline to make a claim may be extended, but only if a Judge rules that there was a compelling reason for the delay or if the person dies as a result of their injuries. Injured persons have two years to sue, from the date of the accident.

Suing for compensation if you were injured on City property

If you or a loved one has been injured on city property and believe that your injuries were the result of an unsafe condition, you may have the right to sue for damages. You may be entitled to compensation for any expenses that resulted from your accident (pecuniary damages), which may include past and future income loss, medical and rehabilitation treatments, housekeeping services and out-of-pocket expenses. You are also entitled to compensation for your pain and suffering (non-pecuniary damages). The amount that you can expect to receive from your claim will relate to the kind of injury you sustained, the severity of your injuries (and how long they are likely to impact your life), your age, and various other factors.

The personal injury lawyers at Burn Tucker Lachaîne specialize in negligence (‘tort’) law and have the necessary expertise to develop a case for compensation and take your case to trial when necessary.  If unsafe conditions on municipal property caused your injuries, then you will be best served by a highly respected and experienced law firm.  Burn Tucker Lachaîne has a reputation for providing strong legal representation, with our clients’ best interests in mind. Schedule a free consultation today and find out how we can help you get the compensation you deserve.

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