[wwwebster]

Why it's my responsibility to clear the city's sidewalk in from of my house, I don't know.

While the liability issue is settled, the validity of snow-clearing by-laws is, I believe, still very much in question. Some time ago one of my “law-talkin’†friends called my attention to Bongiardina vs. The City of Vaughan. In that judgement, Justice J.C MacPherson wrote:

“The question then becomes: is there a common law duty on the owner of the property to clear snow and ice from public sidewalks adjacent to the property? In my view, the answer to this question must be `No’.â€

The issue before the court at that time was liability and not the validity of the by-law. However, it seems to me this would also apply to the by-laws themselves if they were challenged in court, although I’m not aware of any mechanism to actually challenge such a by-law. When a property owner fails to clear the snow and the city steps in, the cost of the work is added to their tax bill. Disputing that charge, it seems to me, puts the owner at risk of losing the property for non-payment of taxes.

 

[gristle]

Why shouldn't property owners clear the city sidewalk? It isn't like they didn't benefit from keeping it clear, and it isn't that onerous a demand. And the lawsuit is just ridiculous - it's winter, for christs' sake.

AoD

The city is, in effect, the property owner of the sidewalk.

 

[Monarch Butterfly]

At one time, property owners were responsible for the maintenance of the roadway in front of their property. In other words, Mr. Bloor had to fill in the potholes in the street in front of his tavern by having some of his apprentices do the work. Eventually, the city took it over and the cost came out of the property taxes. Laneways are roadways that should be maintained by the city, which includes snow and ice clearing.