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Answered in 11 minutes by:
2/5/2010
VerifiedThe by-laws that require snow removal were not struck down and so they stand and apply.
The Court of Appeal was not dealing with the requirement to shovel the snow. They were dealing with a claim of negligence.
What the CA stands for is that fact that the city and not the property owner will be liable for damages if someone is hurt because the sidewalk is slippery or in disrepair.
But, this is a completely different issue than the compliance with the by-law issue that you've raised.
Let me know if you need further clarification.
The Court of Appeal was not dealing with the requirement to shovel the snow. They were dealing with a claim of negligence.
What the CA stands for is that fact that the city and not the property owner will be liable for damages if someone is hurt because the sidewalk is slippery or in disrepair.
But, this is a completely different issue than the compliance with the by-law issue that you've raised.
Let me know if you need further clarification.
Right.
And, if you want to, you can fight a ticket if you get one and try and get the by-law struck down. But, for now it stands.
And the CA did not at all say the by-law was improper. It just said that the by-law does not let the city get out of liability because they've said the owners have to shovel. In law this is a very big difference.
So, at the present, the law is that owners have to shovel or face fines but even if the neglect to shovel and this causes harm they are not on the hook for the damages, the city is.
And, if you want to, you can fight a ticket if you get one and try and get the by-law struck down. But, for now it stands.
And the CA did not at all say the by-law was improper. It just said that the by-law does not let the city get out of liability because they've said the owners have to shovel. In law this is a very big difference.
So, at the present, the law is that owners have to shovel or face fines but even if the neglect to shovel and this causes harm they are not on the hook for the damages, the city is.
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