The Ontario Superior Court of Justice recently awarded a $107,765 settlement to Glenda Grayling following a fall on November 25, 2009 on a Caledonia city sidewalk.
Glenda and Kevin Grayling alleged that Mrs. Grayling’s fall was caused by the defendant’s negligence. The defendant in the case was The Corporation of the County of Haldimand, responsible for sidewalk maintenance at the time of the incident.
On November 25, 2009, Mrs. Grayling stubbed her toe due to the difference in height between two slabs of the Caledonia sidewalk. Doing so caused her to take several quick steps forward and fall on her right arm.
A small elevation difference between sidewalk slabs is not always considered “non-repair”, otherwise the city would be responsible for every pedestrian walking on the sidewalks. However, Haldimand County guidelines classify a sidewalk as hazardous if a “major” defect of over one inch exists.
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