A Cambridge man who said he slipped on a city sidewalk two years ago and broke his elbow, claiming it wasn't properly cleared of snow and ice, is suing the City of Cambridge and the contractor it hired to maintain the sidewalk.
It's unclear whether the claim is valid since it was filed last month despite rules in the provincial Occupiers' Liability Act that requires any legal action for slip and fall accidents to be filed with a city clerk within 10 days for accidents on municipal property.
Claims against private property owners must be filed within 60 days.
Robert Wesley's statement of claim, filed in the Ontario Superior Court of Justice on Feb. 21, names the city and Botelho Asphalting and General Maintenance Ltd. as jointly and severally responsible for $200,000 in damages for his past and future economic losses, loss of competitive advantage and loss of economic opportunity, none of which has been proven in a court of law.
The damages he is seeking will cover his "past and future housekeeping and home maintenance and care costs," and special damages including but not limited to all past and future medical and rehabilitation expenses, and all costs related to the lawsuit.
Wesley says he was walking on the sidewalk at a bus stop located on Champlain Boulevard near Christopher Drive on Feb. 24, 2021 when he slipped and "suffered serious and permanent personal impairments and disfigurement including but not limited to a fractured left elbow and other bodily injuries."
He says he was wearing proper footwear at the time and was walking in a "safe and reasonable manner." The claim states he fell because the sidewalk was "slippery as a result of ice and accumulation of snow." There was "no sign or indication of any sand, salt, grit or other evidence of maintenance or treatment along the sidewalk," the claim reads.
Wesley says the city and its contractor, Botelho Asphalting and General Maintenance Limited, breached their "duty to maintain the sidewalk in a state of repair that was reasonable in the circumstances," and that the city "failed to ensure that their respective agents, servants, contractors and employees had received and undertaken the necessary training to properly inspect and maintain the sidewalk."
The claim cites the city and contractor for failing to maintain any records of maintenance or inspection to ensure the work was done properly.
The claim says Wesley's injuries have caused him to experience severe pain, suffering, swelling, discomfort, imbalance, energy loss, fatigue, restriction of mobility, disturbed sleep, anxiety, depression, loss of usual amenities, personal care and housekeeping capacities, psychological difficulties and neurological deficits and other injuries, limitations, disorders and discomforts.
His medical and rehabilitation treatment has forced him "to ingest large quantities of medications" and will require treatment on an ongoing basis and in the future.
"Robert's enjoyment of life has been irretrievably lessened and his functional ability impaired," the claim reads.
It goes on to state the plaintiff suffered and continues to suffer a loss of income.
Neither the city nor the contractor have filed a statement of defence.
The city was unable to provide details about how many slip and fall claims have been made against it in a given year or whether the amount in this claim is unusual.
Cambridge is part of the Waterloo Region Municipalities Insurance Pool, which handles claims such as this.
Slip and fall claims against municipalities are common and typically settled prior to litigation.
Attempts to reach the senior claims adjuster for the insurance pool went unanswered.
