Can I sue a business for not clearing their sidewalk?

[Admiral Beez]

TEnforcement cannot be there at all times in all cases - the onus is on property owner to deal with their responsiblities, as per the law.AoD

Actually, that's per the by-law - hardly the same thing, and carries about the same weight as by-laws requiring you to pick-up after your dog. Under the Municipal Act, Ontario municipalities, regardless of what the cities say in their by-laws, have a legal duty to remove snow and ice from sidewalks and are responsible if they breach that duty. Check out how Vaughan was nailed, http://www.aaron.ca/columns/2000-12-14.htm

 

[Hydrogen]

IIRC, property owners have up to 12 hours after a snowfall to clear snow and ice from the sidewalks adjacent to their property. Here's the city link http://www.toronto.ca/transportation/snow/sidewalks.htm

So, if it snowed less than 12 hours prior, your SOL. Also, if the ice you slipped on isn't a result of snow that fell in the last 12 or more hours, but is due to melting run-off from adjacent snow piles, likely from the last time the property owner shoveled, you're also SOL, since the property owner can rightfully claim that he did clear the snow and ice within 12 hours after the snowfall, as required legally, but that melting run-off refroze, not due to snowfall, but due to warmer temperatures. The city bylaw says you must clear the ice and snow after a snowfall, not after a thaw and freeze of existing snow.

Lastly, you must remember, that it is the city, not the property owner who is ultimately responsible for clearing the snow and ice. Thus, if the property owner refuses, the city can fine the owner for not adhering to the by-law, but the city is responsible for providing public infrastructure, including sidewalks, so it is the city of Toronto that you must sue. See details at http://www.theglobeandmail.com/servlet/story/LAC.20080215.SLIPS15//TPStory/National "Municipalities can fine homeowners for not clearing the snow in front of their homes, but the municipality will still be on the hook for any damages in a lawsuit"

As I have noted earlier, I am aware of the by-law. My point was that, in court, the property owner can state that they were unaware of the state of the sidewalk. People who walk on sidewalks also must be aware that they make a choice when they opt to walk on icy sidewalks.

I'd also like to point out that the by-law is a poor by-law. The city admits that property-owners liability does not cover sidewalks. As a homeowner you should be aware that if you had to cover the cost of liability insurance for the sidewalks in front of your home/property, your premium would either go up considerably, or your insurer would simply refuse to cover the sidewalk. It is city property after all, and if you are responsible for clearing your walks on your property, then the city is responsible for clearing its walks - regardless of the threats.

 

[Admiral Beez]

Homeowners should be responsible for clearing and maintaining the path to their doorstep from the sidewalk, thus permitting safe use by postal carriers, etc. The homeowner should not, IMO, be responsible for the condition or usability of the city's sidewalk adjacent to the property.

Where does the homeowner's responsibility over city owned property end? Should the homeowner be responsible for maintaining the road in front of their property? Is it the homeowner's responsibility to ensure that the city's storm sewers are plugged with leaves or debris, not originating from their property?