The City of Ottawa, which admitted responsibility, remains as sole defendant in the case
The Ontario Superior Court of Justice dismissed a claim against landlords, ruling they had no legal duty to maintain a municipal sidewalk where a tenant slipped and fell, leaving the City of Ottawa as the sole defendant in a personal injury case.
Tenant Laura Burley sued the landlords, John and Elaine Wright, after slipping and falling on a municipal sidewalk outside their Ottawa apartment building. Burley fell while walking from her parking space at the rear of the building to the front entrance. Although the City of Ottawa admitted responsibility for maintaining the sidewalk, Burley also pursued legal action against her landlords, alleging they had a duty to maintain the municipal sidewalk.
The Wrights sought partial summary judgment, arguing they had no legal obligation to maintain or clear snow from the municipal sidewalk. The court agreed, finding no genuine issue requiring a trial. The Wrights were not "occupiers" of the sidewalk under Ontario’s Occupiers’ Liability Act, which defines an occupier as someone who has physical possession of or control over premises. The court held that the Wrights did not meet this definition, as they did not manage or clear snow from the sidewalk where Burley fell.
The Superior Court also rejected the argument that the Wrights had a common law duty to warn tenants about the conditions of the municipal sidewalk. There was no evidence that special circumstances existed that would impose such a duty.
Additionally, the court found no implied contractual obligation on the part of the Wrights to provide safe passage from the parking lot to the apartment entrance. While Burley claimed her lease implied that the Wrights were responsible for the safety of the path, the court disagreed, stating there was no basis to imply such a duty in the lease agreement.
The court concluded that Burley’s claims against the Wrights had no real chance of success and dismissed her action against them. Ottawa, which had admitted responsibility for maintaining the sidewalk, will remain the sole defendant in the case.
