September.27.2018

Private property owner tort liability for bylaw breach

Can a property owner be held liable in tort for failing to comply with a municipal bylaw requiring snow removal?

In the recent summary trial ruling in Scheck v Parkdale Place Housing Society, 2018 BCSC 938, the Court ruled that property owners are under no legal duty to clear snow or ice from municipal sidewalks even where municipal bylaws require them to do so and hence the slip and fall claim against that defendant was dismissed.

 

Briefing Note Scheck v Parkdale Place Briefing Note Scheck v Parkdale Place Briefing Note Scheck v Parkdale Place

Alexander D.C. Kask

Alexander D.C. Kask

Alexander D.C. Kask is a partner with Guild Yule LLP and practices in the areas of professional liability, health law, municipal law, insurance law, administrative law, product liability, highways liability, golf course liability, safety standards regulation, and personal injury litigation. Read full biography