On December 15, 2008, Justice A.J. Stong of the Ontario Superior Court of Justice released the Guy v. Toronto (City) court case involving a slip & fall accident. The case touches on a number of important legal issues involving liability in slip & falls on municipal property.

The Facts

On March 11, 1999, Ms. Vier Guy and her husband were on their way to Robotech school located on Greenwood Avenue in the City of Toronto. They took the Bloor/Danforth TTC subway line to Greenwood Station. After exiting the station on Linnsmore Cres., they started walking westbound on a laneway to get to Greenwood Ave. There was an accumulation of snow on the ground as there had been a snowstorm in Toronto a few days earlier. Suddenly, Ms. Guy slipped and fell on a thick accumulation of ice which had been concealed by snow.

Ms. Guy hit her head and buttocks on the ice in the fall. She immediately experienced pain in her wrist. Her husband helped her up and continued to Robotech where the school nurse recommended they go to the hospital.

Ms. Guy was diagnosed with Colles’ fracture to her left wrist, which was placed in a cast. Because of the pain in her wrist and ongoing headaches, she was unable to write her final exams and lost a semester’s tuition. She also needed assistance with homemaking and caring for her young son.

Ms. Guy hired a Toronto slip & fall lawyer and brought a lawsuit against the City of Toronto for damages resulting from the injuries she suffered.

In Part 2, we will talk about the first defence raised by the City of Toronto – that Ms. Guy failed to give notice of the slip & fall in time.