This winter has been particularly challenging for residents of Ottawa trying to keep their driveways and walkways free of icy build up. The ice that forms as a result of thawing and refreezing during fluctuating winter temperatures is the cause of many serious slip and fall accidents.  This is a situation that is sometimes overlooked in winter maintenance contracts.  Many contracts entered into between home owners and winter maintenance providers contain no coverage for the freeze / thaw situation.  Typically there is an indication that snow removal will occur after a set amount of snow falls.  Some higher end contracts (often referred to as a premium level of service) will provide for the spreading of salt or grit following freezing rain.  However, many constracts are silent with respect to the situation of ice build up caused by melting snow during a thaw that  then freezes when the temperatures falls below zero.  This can be especially problematic in driveways or walkways that have a slope or dips where the water from the melting snow banks will flow across and pool creating a serious hazard for pedestrians.

I would encourage all who have winter maintenance contracts to review them to confirm:

1. Is there any provision for spreading salt / grit or removal of ice created by a thaw / refreeze situation?

2. Who is responsible to inspect the property to determine whether ice treatment or removeal is required?

3. Who is expected to maintain insurance to compensate a pedestrian who may slip and fall and injur themselves on the premises?

Many homeowners may feel they have complied with their obligations under the Occupiers Liability Act to keep their premises safe for those entering onto it during winter conditions by contracting with a third party for winter maintenance.  However, I would encourage all who feel that way to review their contracts in order to answer the three questions above.  After you are sued because someone fell and injured themselve on your driveway is not the time to discover that the “platiinum maintenance package” you bought was insufficeint.

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