The plaintiff sued the defendant municipality after slipping and falling on an icy city sidewalk.
The city had no policy to call in maintenance operators before their regular 7:00 a.m. start time to address icy conditions caused by overnight thaw-freeze cycles, despite having a policy to do so for 8 cm of snow.
The court found the city's policy unreasonable and held the city grossly negligent under the Municipal Act, 2001.
However, the plaintiff was found 50% contributorily negligent for wearing running shoes instead of winter boots and failing to walk around the visible ice.
