The municipal defendant brought a motion for summary judgment dismissing a personal injury claim arising from a slip and fall on a city sidewalk.
The court held that under s. 42(5) of the City of Toronto Act, 2006 the plaintiff was required to establish gross negligence in the City's winter maintenance of the sidewalk.
Evidence showed the municipality had a winter maintenance program and sanding occurred shortly before the incident, while the plaintiff's evidence only indicated that he did not notice salt or sand.
The court further found the plaintiff failed to provide the statutory 10‑day notice of claim and did not establish a reasonable excuse or absence of prejudice to the municipality.
Summary judgment was granted and the action dismissed.
