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Posts Categorized: slip and fall

Slip and Fall into a 6 Foot Trench > City Construction Work

Slip and fall or trip and fall injuries are common.  Slip and fall injuries usually take place on ice and snow or other slippery surfaces, such as freshly waxed floors within buildings.  Trip and falls usually take place over uneven surfaces, including construction zones or repair and maintenance situations.

In the Singer v. City of Hamilton (2007 Ontario Superior Court of Justice) a slip and fall involving a 78 year old woman, whereby she fell into a 6 foot trench, recently was heard by the Ontario Court of Appeal (here) and the appeal was dismissed.… Continue Reading

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Slip and Fall Injury on Ice and Snow > Ontario Summary Judgment Motion Denied

Our harsh Ontario winters still produce plenty of snow and ice which leads to many slip and fall accidents and injuries.

If you injure yourself in a slip and fall accident, where you fall is an important issue.  If you fall on a City sidewalk, then you must immediately give written notice to the City of the particulars of your fall.  It is also best for you to immediately consult with a personal injury lawyer to decide whether to start a lawsuit against the City and others.… Continue Reading

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5cm Crack in Roadway is Not Dangerous > Municipal Maintenance Standards Reviewed

In 2001, Ontario enacted the Municipal Act, 2001 and by Regulation introduced the Minimum Maintenance Standards for Municipal Highways.  The Minimum Maintenance Standards sets out responsibilities for municipalities regarding snow clearing, pothole maintenance, sidewalk maintenance and other issues.

When should a crack in the roadway be fixed?

Is a 5 cm wide crack (which is also 1 cm deep) dangerous?  What if that road had no sidewalks and no crosswalk available?  If the roadway was commonly used by university students to cross the street after classes ended?… Continue Reading

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Woman’s Injury is $105,000 but Case Lost on Liability > Plaintiff Must Pay $13,000 in Legal Costs to Defendant

Absence of Maintenance Records to Prove Snow and Ice Removal > Defendant Still Successful in Lawsuit

Case Comment – Coulson v. Hamilton (City), (2008 Ontario Superior Court of Justice)

The 68 year old female plaintiff slipped in February, 2003 on what she said was black ice, suffering injury.  At Trial only liability was argued, as damages were agreed upon by the parties to be $105,000.  The action was started against the City of Hamilton and the property owner fronting the subject sidewalk; the action was dismissed against the City prior to the Trial and the Trial was against the property owner only.… Continue Reading

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Dental Surgeon awarded $260,000 for slip and fall injuries

Case SummaryHibberd v. William Osler Health Centre (2009) Ontario Superior Court per Pattillo, J.

This is a recent decision involving the slip and fall of a pediatric dental surgeon in the William Osler Health Centre hospital.  The plaintiff, Dr. Hibberd, fell on the wet hospital floor and contrary to hospital policy, there was no warning sign indicating a wet floor.

On liability, Pattillo, J., after an extensive analysis of the Occupier’s Liability Act and the evidence concerning the hospital’s policy and practices, held the hospital negligent for having failed to follow their policy on posting signs warning of wet floors.… Continue Reading

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