In Bondy v. London (City), the Court considered whether the City of London and/or a homeowner were liable for a slip and fall accident that occurred on the paved portion of a municipal boulevard that formed part of a residential driveway running from the municipal sidewalk to the roadway. The accident occurred shortly after a heavy freezing rain storm, which closed area schools and led to radio announcements advising citizens to stay off the roads and sidewalks. The City had deployed roadway snow removal/salting personnel earlier that morning but acknowledged that it “never applied salt or sand to any of the City’s boulevards.”

In all the circumstances, the Court concluded that neither the City nor the homeowner were liable to the plaintiff. With respect to the City, the Court found that the City had met the minimum maintenance standards for icy roadways, despite noting that “whether the plow operators would have salted the boulevard portion of [the roadway], is unknown.” The decision suggests that a municipality may not need to specifically address the portion of a “private” driveway located within the municipal road allowance. At the same time, the Court’s judgment appears to have been heavily influenced by the fact that the weather was so treacherous as to require the broadcast of public warnings, yet the plaintiff chose to travel in any event.

Author

David Elman 
DElman@blg.com
416.367.6031

Expertise

Municipal Liability