Ice and snow on sidewalks is still a big problem in the Halifax area, almost two days after the second storm in 72 hours.
The municipality is supposed to clear the sidewalks, but there was still a lot of work to be done as of Wednesday afternoon, and that’s raised some questions of legal liability if someone slips and falls.
Thanks to a flash freeze after the most recent storm that brought snow and then freezing rain, there is a seemingly never-ending post-storm cleanup.
Crews are knocking down massive snow banks, especially in the crowded downtown area, and neighbourhoods are tricky to navigate.
“It's pretty dangerous, honestly, especially if you don't have the proper footwear,” said Halifax resident Michael Morris, whose patience was starting to wear thin. “I think they need to learn how to plow a little bit better on the sidewalks with them Bobcats.”
Progress is being made, but it has been slow.
The Nova Scotia Health Authority is reporting an increase in slip-and-fall injuries.
Doctors at the Halifax Infirmary reported 20 fractures, or broken bones, related to the icy conditions on Wednesday.
That raises the question: could there be legal fallout?
“The short answer to that is ‘yes,’” said retired Dalhousie law professor Wayne MacKay.
MacKay says, if a sidewalk is not cleared properly, or to a reasonable standard, then “the person who is responsible for that is liable for the person that gets injured.”
If an injury were to happen on private property, MacKay says the owner would possibly have liability.
“If it's on the sidewalk, since they've now been cleared by the city for the last five years, they would have the primary responsibility.”
Halifax Regional Municipality spokeswoman Erin DiCarlo says staffing and resources have remained “largely the same” and crews have been working “non-stop.”
The nature of the most recent storm created a lot of ice and some perilous conditions.
DiCarlo also says the way sidewalks are constructed means they don't always drain properly, which means they can be more difficult to clear and that can add to the slippery conditions.
Halifax Regional Coun. Waye Mason took to Twitter to talk about the problem Wednesday, saying the quality of snow removal has not been acceptable following the last storm.
Mason said contractors have been given a deadline of midnight to clear all sidewalks.
With files from CTV Atlantic’s Paul Hollingsworth.
Long thread here - I wanted post a quick note to acknowledge the poor state of sidewalks in Halifax right now. The quality of snow removal this last storm has not been acceptable.
— Waye Mason (@WayeMason) March 6, 2019
The standards the municipality has adopted for sidewalk snow clearing are not very good, allowing up to a day and a half before residential sidewalks have to be cleared, and this week even those weak standards have not been met. This has to change.
— Waye Mason (@WayeMason) March 6, 2019
While the snowstorm on Sunday night was challenging I do not believe that it was bad enough to justify the contractors taking several days more (and counting) to clear the sidewalks.
— Waye Mason (@WayeMason) March 6, 2019
The peninsula councillors have tried a number of times over the last few years to go either bring in better standards (and the resources to meet them) or to go back to clearing our own residential sidewalks, we have not been able to get the rest of Council to vote for change.
— Waye Mason (@WayeMason) March 6, 2019
Without the support of the rest of Council nothing can change. My plan is to work with the other peninsula Councillors to meet and talk one on one with the rest of our colleagues. We will try to find a plan for the kind of changes could actually pass a vote at Council.
— Waye Mason (@WayeMason) March 6, 2019
My goal is to bring a new motion to Council in April.
— Waye Mason (@WayeMason) March 6, 2019
For now though, I apologize. I am sorry that I have been unable to ensure that residents receive the a high quality service that you can count on and I will keep working hard to change it.
The contractors have been given a deadline of midnight tonight to clear all sidewalks. Please let me know if you come across any sidewalk is has not been cleared.
— Waye Mason (@WayeMason) March 6, 2019