Highlights of Noteworthy Decisions

Decision 250 18
2018-04-17
T. Mitchinson - E. Tracey - C. Salama
  • Negligence
  • Transfer of costs

A worker for a company that provided nursing services slipped and fell in a parking lot on January 22, 2013. The Board granted the worker entitlement for her injuries. The employer appealed a decision of the Appeals Resolution Officer denying transfer of the costs of the claim to the company that owned the parking lot and/or the company that the owner contracted with to clear ice and snow from the lot.

The Panel found that neither the parking lot owner nor the snow removal company was negligent.
The obligation of the parking lot owner was to negotiate a snow removal contract that reasonably ensured the safety of the property for use by tenants and visitors during the winter season. The Panel found that the owner took reasonable steps in setting up arrangements with the snow removal company, as evidenced by the terms of the contract and understandings between the two companies regarding implementation of the various duties set out in the contract. The owner was not negligent. Thus, there was no basis to transfer any costs of the claim to the owner of the parking lot.
The policies set up by the snow removal company in order to implement its various obligations under the contract were sufficient to ensure a reasonable expectation of public safety on the site. Further, the actual steps taken by the snow removal company on the day of the accident were reasonable efforts to implement those policies. There was evidence that the company had used salt or grit at the location that day, which was appropriate for the conditions. The snow removal company was not negligent. Thus, there was no basis to transfer any costs of the claim to the snow removal company.
The appeal was dismissed.