A snow removal company was found negligent for not salting soon after plowing the area around a condominium, resulting in a resident slipping and falling. Although it was commendable that the contractor removed the bulk of the snow quickly, so that residents could move around the property, the skim of snow left after plowing created a sheet of ice when left unsalted.
The delay in applying road salt was due to an inherent problem in the contractor’s system. Despite having plenty of plowing vehicles, they only had one salting truck with too many customers to service during the storm in question. The court was satisfied that but for the ice buildup, the plaintiff would not have fell: hence, the icy condition was the proximate cause of the plaintiff’s slip and fall and resultant injury. Liability was found against both the contractor and the condominium corporation that hired them (both deemed occupiers under the Occupiers Liability Act, R.S.O. 1990, c. O.2.)
Musa v. Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030