D. Lezau

The plaintiff, Elizabeth Fernandez Vargas, sued the City of Hamilton and other defendants for personal injuries sustained in a slip and fall on an icy sidewalk.

The claims against the other defendants were dismissed by consent.

The City of Hamilton brought a motion for summary judgment seeking dismissal of Ms. Vargas's remaining claim.

The court found no genuine issue requiring a trial and determined that there was no evidence of gross negligence on the part of the City, which is required for municipal liability for snow or ice on a sidewalk under the Municipal Act, 2001.

The City's winter maintenance program, delegated to the adjacent property owner (St. Peter's) via bylaw, was deemed reasonable, as was St. Peter's response through its contractor (Heritage Green).

The motion for summary judgment was granted, and the plaintiff's claim against the City was dismissed.

In the context of CCAA proceedings for U.S. Steel Canada Inc. (USSC), the applicant sought approval for Transition Arrangements with its parent company, a Business Preservation Plan involving significant cash conservation measures (including suspension of pension, OPEB, and municipal tax payments), and Amended DIP Financing.

The court approved the motions, finding that the Transition Arrangements were fair and reasonable, and that the Business Preservation Plan and DIP financing were necessary to allow USSC to continue operations and pursue a restructuring solution, despite objections from the union and municipalities regarding the suspension of benefits and taxes.