Casual Legal: Liability for snow & ice-related incidents

DISCLAIMER: This article is meant to provide information to Alberta Municipalities members only and is not intended to provide legal advice. You should seek the advice of legal counsel to address your specific set of circumstances. Although every effort has been made to provide current and accurate information, changes to the law may cause the information in this article to be outdated. This content is not intended for the general public.

By Sabrina Kuckertz
Reynolds Mirth Richards Farmer LLP
Alberta Municipalities Casual Legal Service Provider

Now that winter has arrived, it is worth refreshing ourselves on the potential liability of municipalities when it comes to snow, ice, or slush on roads or sidewalks.

Alberta municipalities have a duty to maintain roads and sidewalks. However, pursuant to s. 531(1) of the Municipal Government Act (“MGA”), their liability for injuries or property damage caused by snow and ice-related incidents is limited to cases of gross negligence. This is a high threshold to meet and is assessed on a case-by-case basis.

In Nelson v Grande Prairie (City), 2019 ABQB 537, the Alberta Court of Queen’s Bench (as it then was) listed the following non-exhaustive factors to consider:

• the municipality’s knowledge of a potentially dangerous situation
• the steps the municipality took (or did not take) in response
• the reasonableness of the municipality’s snow removal policy (or the failure to implement such a policy)
• traffic levels in the area.

The Court further noted these factors are “to be balanced against the reality of winter conditions in Canada” and that it is “unreasonable to expect a municipality to keep sidewalks and roadways clear of snow and ice at all times during winter”.

Someone bringing an action against a municipality for snow and ice-related incidents must also meet the notice deadline in s. 531(2) of the MGA by notifying the municipality of the event giving rise to the action within 21 days after the event. In other words, if John Snow slips and hurts himself on November 29, 2024, he must notify his respective municipality of the incident before December 20, 2024, or the action is barred.

Of course, in a classic lawyer twist, there are exceptions to every rule. If John Snow fails to notify the municipality within that 21-day frame, s. 531(3) of the MGA states his action will be barred unless:

• there is a reasonable excuse for the lack of notice, and the municipality is not prejudiced by the lack of notice
• someone died as a result of the incident
• the municipality waives its requirement for notice in writing.

In sum, while municipalities in Alberta have specific responsibilities regarding the maintenance of roads and sidewalks, their liability for snow and ice-related incidents is limited to cases of gross negligence. Further, prospective claimants must abide by the notice deadline set out in the MGA, subject to a few exceptions.

To access Alberta Municipalities Casual Legal Helpline, Alberta Municipalities members can call toll-free to 1-800-661-7673 or casuallegal [at] abmunis.ca (email) to reach the municipal legal experts at Reynolds Mirth Richards and Farmer LLP. For more information on the Casual Legal Service, please call 310-MUNI (6864) or riskcontrol [at] abmunis.ca (email) to connect with Alberta Municipalities Risk Management staff. Any Regular or Associate member of Alberta Municipalities can access the Casual Legal Service.