14/02/2022 – Jurisdiction Ontario
Part 77 published on 01/03/2022
Condominium corporation’s snow removal contractor found negligent
The Plaintiff asserted a claim against the condominium corporation and the corporation’s snow removal contractor for injuries suffered as a result of a slip and fall on the condominium property.
The snow removal contractor acknowledged that the relevant responsibilities for snow removal and salting had been “wholly delegated to it” and also that the contractor was deemed to be an occupier of the property for these purposes.
The Court held that the snow removal contractor had not met its duty of care. The Court said:
I find there was negligence on the part of the defendant contractor in his omission to apply road salt in an appropriate and timely manner which caused a dangerous icy surface to form on the pathway that had been plowed for use by the residents, creating an unreasonable risk of injury by slipping and falling. I find, on the balance of probabilities that this dangerous road condition was the proximate cause of the plaintiff’s slip and fall and resultant injury. There will be a finding of liability against the defendants.
Editorial Note: As I read the above paragraph from the decision, it appears that the Court found both defendants jointly liable to the plaintiff. But I don’t see anything in the decision which would necessarily render the condominium corporation liable for the failures of its contractor.