Highlights of Noteworthy Decisions

Decision 2237 19
28/02/2020
R. Nairn
  • Negligence
  • Transfer of costs

A delivery driver was injured when he slipped and ice or snow when he was making a delivery to a client in a plaza. The employer of the driver appealed a decision of the Appeals Resolution Officer denying transfer of costs of the claim to the property manager of the plaza or the company responsible for maintenance and snow removal at the plaza.

The accident occurred at 6:40 am on December 19, 2014, in the rear shipping area of the plaza. The plaza was large, containing more than 90 tenants. The plaza was the largest client of the maintenance company. The maintenance company had a worker dedicated to the plaza, and kept a significant amount of equipment at the site. On the day before the accident, one centimetre of snow had fallen. This was not sufficient to require snow cleaning but, none the less, the maintenance company salted the site. No snow fell on the day of the accident.
The employer of the worker did not establish that the worker's injury was due to negligence of the property manage or the maintenance company. The property manager contracted the snow clearing and salting services with the maintenance company. The maintenance company was diligent in snow clearing and salting work for the property manager, its largest client. It is unrealistic to expect a plaza of this type to be totally ice free during the winter months with fluctuating temperature and weather.
The appeal was dismissed.