People with disabilities hope snow clearing ruling means more accessible streets
Advocates for people with disabilities say they are hoping a Supreme Court of Canada ruling that makes cities more accountable for accidents related to snow clearing will lead to more accessible streets across the country.
Observers say the decision could extend to legal liability for other municipal activities from filling potholes to swimming pools to garbage collection, which may bring improved service but also higher costs.
The case — based on a woman injuring herself while clambering over a snowbank that had been left on a sidewalk by city workers in Nelson, B.C. — could have implications for cities across Canada, said lawyer David Lepofsky.
“I hope it’s going to make municipalities sit up and take a listen, and make sure they get it right,” said Lepofsky, a lawyer who is legally blind and represents the Accessibility for Ontarians with Disabilities Act (AODA) Alliance.
He said he knows people with disabilities who have navigated into the roadways to avoid snowbanks left by city crews.
“They can create very serious barriers for people with disabilities,” he said.
The far-reaching decision stems from the snow piles that the city of Nelson, B.C. created when a worker cleared snow from downtown streets after a storm in early January 2015.
Nurse Taryn Joy Marchi, 28 at the time, parked in an angled spot on the street and tried to cross the snow pile to get to the sidewalk. She claimed her right foot dropped through the snow and her leg was seriously injured.
She said the city should have left openings in the sidewalk to allow safe passage, as other cities in the area did. But the trial judge dismissed the case, saying that cities were immune from lawsuits relating to policy decisions.
However, on appeal first to the B.C. Court of Appeal and then to the Supreme Court, judges found that clearing the snow was not a “core policy decision” and so the regular principles of negligence apply.
“I think it’s going to help improve snow clearing — if we can do it correctly—so we don’t leave snowbanks in the way or potential hazards for members of the disability community,” said Anthony Frisina of the Ontario Disability Coalition.
Those hazards have been an issue for Toronto resident Alison Brown, who is legally blind and navigates the city with the help of Ellis the vision dog. She says sometimes the city doesn’t make it easy for her.
“We’ve experienced many situations where the snow is blocking the sidewalk. It becomes a stress factor and makes our ability to maneuver challenging,” she said.
She said she's not sure what the court decision means to her -- but hopes that cities get the message to "clear the snow."
The Supreme Court decision can apply to other things a city does, or doesn’t do, said personal injury lawyer Melissa Miller with Howie, Sacks & Henry LLP.
“This case is more far-reaching than simply snow removal, which is what’s so significant about it,” she said.
“A pothole that isn’t filled in downtown Toronto that bottoms out your car and causes you a significant injury is potentially now the subject of a lawsuit,” she said.
Toronto City Councillor Kristyn Wong-Tam said the ruling is a sign that cities must take the responsibilities of clearing snow seriously for all people.
“We have now heard a statement that says everybody get your house in order,” she said. “You have a responsibility to make sure roads and sidewalks are safe.”
Wong-Tam seconded a motion at Toronto city council in May that asked the General Manager of Transportation Services to report on the feasibility of clearing snow from accessible parking spaces by July. That date was pushed to September — but she said the report still had yet to happen.
“This is a very wealthy city. Things should not be falling apart as long as we maintain it,” she said.
Lepofsky said the case may lead to more scrutiny for snow-clearing city employees, and snow-clearing robots, which are being tested right now in Ontario.
“No matter how clever a robot is, and I don’t think it’s that clever, the danger is that they will also shovel snow into the path of a person with disabilities,” he said.
In that case, it may be less obvious who to sue if there is not a clear connection between the robot’s actions and the person who programmed it or is monitoring it, he said.
The City of Toronto, which intervened in the lawsuit, said through a spokesperson that it will "continue to deliver a comprehensive snow and ice clearing service this winter, with council approval, has the capability to adjust service levels if required."
CTVNews.ca Top Stories
'He's in our hearts': Family and friends still seek answers one year after Nathan Wise’s disappearance
It’s been a year since Nathan Wise went missing and his family is no closer to finding out what happened to him.
'My family doctor just fired me': Ontario patients frustrated with de-rostering
Dozens of Ontarians are expressing frustration in the province’s health-care system after their family doctors either dropped them as patients or threatened to after they sought urgent care elsewhere.
Ottawa pizzeria places among top 20 deep-dish pizzas in the world at international competition
An Ottawa pizzeria is being recognized as one of the top 20 deep-dish pizzas in the world.
Canada Post cracks down on Nunavut loophole to get free Amazon Prime shipping
Amazon's paid subscription service provides free delivery for online shopping across Canada except for remote locations, the company said in an email. While customers in Iqaluit qualify for the offer, all other communities in Nunavut are excluded.
Wildfire near Fort McMurray more than triples overnight, several evacuation alerts remain in place
The fire burning near Fort McMurray grew from 25 hectares to 5,500 hectares over the weekend.
Putin replaces Russian defence minister in rare cabinet shakeup
Russia’s President Vladimir Putin began a Cabinet shakeup on Sunday, proposing the replacement of Sergei Shoigu as defence minister as he begins his fifth term in office.
Man fatally 'slashed in the neck' in downtown Toronto, suspect outstanding
Police are searching for a male suspect after a man was “slashed in neck” on Sunday morning in downtown Toronto and died.
WATCH Dashcam video shows terrifying near-miss on two-lane northern Ontario highway
There were some scary moments for several people on a northern Ontario highway caught on video Thursday after a chain reaction following a truck fire.
Edibles, armchairs and adapters: Here are the recalls for this week
Health Canada announced various product recalls this week, including electric adapters, armchairs, cannabis edibles and vehicle components.