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Judge finds homeowners can't be found liable for accidents on poorly cleared sidewalks
When Darwin Der fell on a Burnaby sidewalk in December 2017, he broke more than the carton of eggs he was carrying in his hand.
A combination of snow, rain, shovelling, salt, unfreezing and refreezing had turned the angled pavement cut into the curb for wheelchair access into a literal slippery slope.
But Der has faced a proverbial uphill battle trying to hold anyone responsible.
The latest blow came this week when a B.C. Supreme Court judge ruled that a pair of homeowners couldn't be found liable for attempts at clearing away snow that may have inadvertently made the sidewalk slipperier.
Justice Heather MacNaughton's ruling provides a window into the law around snow removal and the rights and responsibilities of citizens when it comes to clearing the sidewalks in front of their properties as the mercury dips.
Long story short: even if you fail to comply with a municipal bylaw requiring you to shovel and salt, you can't be found liable if someone slips because you failed to do so.
https://www.cbc.ca/news/canada/british-columbia/ice-snow-removal-sidewalk-lawsuit-1.5374652
When Darwin Der fell on a Burnaby sidewalk in December 2017, he broke more than the carton of eggs he was carrying in his hand.
A combination of snow, rain, shovelling, salt, unfreezing and refreezing had turned the angled pavement cut into the curb for wheelchair access into a literal slippery slope.
But Der has faced a proverbial uphill battle trying to hold anyone responsible.
The latest blow came this week when a B.C. Supreme Court judge ruled that a pair of homeowners couldn't be found liable for attempts at clearing away snow that may have inadvertently made the sidewalk slipperier.
Justice Heather MacNaughton's ruling provides a window into the law around snow removal and the rights and responsibilities of citizens when it comes to clearing the sidewalks in front of their properties as the mercury dips.
Long story short: even if you fail to comply with a municipal bylaw requiring you to shovel and salt, you can't be found liable if someone slips because you failed to do so.
https://www.cbc.ca/news/canada/british-columbia/ice-snow-removal-sidewalk-lawsuit-1.5374652
