Woman Slips and Falls on Leaf Covered Sidewalk - Sfyndilis v. City of Toronto, 2018 ONSC 5088

September 21, 2018, Kitchener, Ontario

Posted by: Robert Deutschmann, Personal Injury Lawyer

Sfyndilis v. City of Toronto, 2018 ONSC 5088 (CanLII)

Heard Before: Master Jolley
Date of Decision: August 27, 2018

PERSONAL INJURY: applicant injured in slip and fall on sidewalk covered in leaves; did the defendant fail to meet their responsibilities under the Municipal Act and Occupiers’ Liability Act;

Paraskevi Sfyndilis slipped and fell on the sidewalk on Cobeck street in Toronto. She allegs that the defendant owed a duty to take reasonable care to remove the leaves for the roadway and sidewalk. By failing to do so Ms. Sfyndilis alleges that by failing to remove the leaves from the road they were pushed onto the sidewalk where the defendant knew or could reasonable by expected to know that the sidewalk posed a danger and hazard. Complaints had been made by area residents prior to her fall. She also claims a breach of duty under the Municipal Act and Occupiers’ Liability Act.

The defendant pleads that it is responsible for clearing the roadway but not the sidewalk under the City of Toronto Act, 2006, and that if the sidewalk was in the condition alleged, it did not know of such condition and could not reasonably have been expected to know about the condition in all the circumstances.  Alternatively, the defendant pleads that it took reasonable steps to prevent the situation from occurring.

The City of Toronto was ordered to produce, GPS records post-incident, details about prior lawsuits and when field inspectors were trained. 

The Plaintiff brought a refusals motion following examinations for discovery.  Master Jolley ordered the Defendant to answer a number of the refused questions, including:

To produce the GPS records of the field investigator’s vehicle from October 26, 2012 to December 6, 2012.

The incident occurred on December 3, 2012.  The Defendant agreed to produce the records from October 26, 2012 to December 4, 2012.  It refused to produce the records for December 5 or 6 arguing relevance.  Master Jolley held the records post-incident were relevant stating “the conducting of the Defendant in the days following the fall may demonstrate that it took remedial measures.  The courts have held that “remedial measures” such as changes in training, operations or alerts that may be instituted following and possibly as a result of an incident could provide evidence of what was reasonable in the circumstances, whether a defendant took reasonable care and whether a defendant met a reasonable standard.”

To advise of lawsuits that were made against the City three years prior to the incident for slip and falls on leaves on Colbeck or Windermere.

The Defendant refused this undertaking based on relevance.  Master Jolley ordered that it was a relevant question given both the Statement of Claim and the Statement of Defence put the Defendant’s knowledge relating to the accumulation of leaves on the sidewalk into question. If the Defendant was aware of a significant number of claims arising from pedestrian falls on leaf-covered sidewalks, that information would be relevant based on the pleadings.

Jeff Hunt, Supervisor of Roads and Sidewalks with the Defendant, was requested to advise if he agrees that leaves on the sidewalk could pose a hazard to a pedestrian.

The Defendant refused to answer this question on the basis that it was speculative. Master Jolley held the Plaintiff was entitled to know if the Defendant agreed that the leaves on the sidewalk could pose a hazard to a pedestrian as it was an issue raised in the Statement of Claim.

The Defendant was also ordered to produce records confirming the frequency and number of time in the three years prior to the incident that a by-law enforcement officer spoke to residents of the area about obligations to remove leaves; if it was possible for the sweeper the City used to clean the roads could go so quickly that it did not clean what it was supposed to and; lastly, to advise when the field inspectors received training in the three years prior to the incident.

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