Canadian winters are marked by frigid and sub-zero temperatures, blasts of snowfall, significant ice formation, and dangerous wind chills. Winters in the Canadian landscape are notorious for creating hazardous environments, from icy sidewalks to treacherous roadways.
As a result of the particularly harsh weather conditions, the likelihood of suffering personal injuries during Canadian winters is greatly increased. These weather conditions and the associated increase in personal injuries usher in additional rights and responsibilities for people navigating the harsh climate.
1. Slip and Fall Accidents
Canadian winters are breeding grounds for snow, freezing rain, and other forms of precipitation that cause icy sidewalks, roads, parking lots, stairways, driveways and entryways. Ice-related injuries are among the leading causes of winter-related personal injuries, which include fractures, sprains and strains, concussions and other head trauma.
If you are the owner and/or occupier of private property in Ontario, the Occupiers’ Liability Act requires you to take reasonable care to see that persons entering onto your premises are reasonably safe while on the premises. This applies to occupiers of both residential and commercial properties. For the latter, there needs to be a system of inspection, maintenance, and monitoring of the condition of the premises, which includes contemporaneous record-keeping evidencing inspection, snow clearance and salting: Karake v. 741935 Ontario Inc., 2024 ONSC 3665.
If you are entering onto private property in Ontario, you are required to exercise sufficient caution to avoid a slip and fall. This includes being mindful of winter conditions, keeping a proper lookout for icy or slippery conditions, holding onto mobility aids including handrails, and wearing proper winter footwear. Failure to exercise sufficient caution may result in a judicial finding that you were contributorily negligent for the incident.
It is important to note that municipalities are generally responsible for snow and ice removal from sidewalks pursuant to the Municipal Act, 2001 (in Toronto, the City of Toronto Act, 2006). However, many municipalities have enacted by-laws to make homeowners and business owners responsible for clearance of snow and ice on sidewalks adjacent to their property. For example, the Toronto Municipal Code at Chapter 719 requires owners or occupants of any building to clear sidewalks adjacent to their property of snow and ice within 12 hours of the end of the snowfall.
2. Motor Vehicle Accidents
The snow and ice which are highly characteristic of Canadian winters fosters reduced road visibility and hazardous driving conditions. These harsh winter driving conditions generate an increase in motor vehicle accidents and related injuries, including whiplash, broken bones, and concussions.
If you are operating a motor vehicle during the winter months, it is important to exercise additional caution. House v. Baird, 2017 ONCA 885 involved a motor vehicle accident which occurred during a snowy and icy mid-February night. In that case, the Court apportioned liability among the Defendants citing defective tires, distracted driving and speeding as causing the accident.
To minimize the risk of being injured in a motor vehicle accident during the wintertime, it is highly recommended that you ensure your vehicle is properly maintained with snow tires and working brakes. You must also avoid distracted driving, drive safely for the weather conditions, reduce your speed, and avoid trailing too closely behind vehicles in front of you.
Conclusion
Bogoroch & Associates LLP is experienced in all aspects of personal injury and medical malpractice litigation. We have the confidence and skill to advance your personal injury or medical malpractice claim to settlement or trial while helping you navigate complex medical, legal, and insurance issues.
Our experience, commitment to excellence, and reputation have long been recognized. Our founding partner, Richard M. Bogoroch, has been recognized as a leading personal injury lawyer by The Canadian Legal Lexpert Directory and by The Best Lawyers in Canada. The Canadian Legal Lexpert Directory and The Best Lawyers in Canada are two highly regarded lawyer-rating publications.
If you or your loved one has been injured in an accident or you believe that you are a victim of medical malpractice or negligence, please contact our personal injury or medical malpractice lawyers at Bogoroch & Associates LLP for a free consultation to understand if you have a claim.
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