Winter is fast approaching and it won’t be long until people have to navigate sidewalks and roads covered in snow and ice.
Edmontonians are very familiar with snow, but a new Supreme Court of Canada decision has changed what snow could mean to many residents.
“It’s opened the door for more municipalities to be sued by people that are injured on roadways or sidewalks,” said T.J. Jomha, injury lawyer and owner of Jomha Law Office.
Before this decision, Canadians couldn’t sue the city if they were hurt on poorly maintained city property, but they can now.
Still, it doesn’t mean they’ll win but citizens can still go to court.
Jomha said the decision doesn’t mean cities are liable for policy decisions such as how much to plow or where, but they could be liable if those plans aren’t carried out as promised.
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He adds this decision could be devastating for cash-strapped municipalities hit hard by COVID-19.
“It could really affect the budgets of cities if they have to deal with not only making payments but dealing with the actual litigation process,” Jomha said.
Jomha said it could bring a flood of lawsuits, possibly costing the city big bucks on top of the millions already spent on snow removal each year.
While this could be a boost in business for many lawyers like him, Jomha said he disagrees with this ruling.
In a statement to Global News, the City of Edmonton said:
“We will be reviewing yesterday’s Supreme Court decision and our policies. At this time, we don’t have further information about changes or influence on our current snow and ice control policy and procedure.”
Jomha said the outcome could actually mean lower standards that are easier for crews to achieve, which could make winter sidewalks and roads even more treacherous.
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