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THE CANADIAN STATESMAN, JANUARY3,2001 PAGES Homeowners can get a fine but no lawsuit Taxpayers on the line for slips and falls BY JACQUIE McINNES StaffWriter CLARINGTON - Clarington taxpayers taxpayers will continue paying litigation bills for negligent homeowners who fail to shovel sidewalks, following a recent Ontario Court of Appeal ruling. Homeowners can be fined for unshovelled unshovelled walkways but it's municipalities municipalities that will end up paying claims if someone is injured, the court determined. determined. In Clarington, this has always been the case as injury claims have traditionally traditionally been addressed through the municipality's municipality's insurance, says Mayor John Mutton. The Court of Appeal ruling removed any doubt as to whose responsibility ;sidewalk clearance is, placing it squarely on municipalities. Î The decision followed a 1997 incident incident when a woman fell outside a home in Woodbridge and sued the city, alleging alleging accumulated ice and snow caused her fall. The Municipality of Vaughan attempted attempted to blame a couple who owned the home, suggesting they should be liable liable because they failed to follow a bylaw requiring homeowners to clear the [sidewalk. The Court of Appeal dismissed dismissed Vaughan's suit, upholding a lower court ruling. ! Justice James McPherson wrote, ;"The snow and ice accumulating on public public sidewalks and the potholes on the street in front of the house are the legal [responsibility of the municipality, not the adjacent property owner." ' He noted Ontario's Municipal Act [obliges municipalities to keep highways, '"which include sidewalks" in a reasonable reasonable state of repair. ' "It is doubtful a municipality could circumvent this duty by trying to impose a replacement duty on its own residents," the judge ruled. What the municipality can do is fine At Town Hall f JAN. 3, 2QQ1 Who's on what li Clarington council has made its appointments to the three conservation conservation authorities authorities which operate within the municipality's municipality's borders. Councillors Jim Schell and Jane Rowe were appointed to the- Central Lake Ontario Ontario .Conservation .Conservation Authority (CLOCA). Mayor John Mutton rind Councillor Charlie Trim were appointed appointed to the Ga- naraska Region Conservation Authority Authority and Councillor Councillor Jane Rowe will sit on the Kawartha Region Conservation Authority. Authority. Courtice resident resident Suzanne Elston Elston was named to the Durham En- vironmental Advi- 1 gory Committee, y. Council appointments appointments were also made to the Greater Toronto Services Board. Mayor John Mutton Mutton has been appointed appointed to represent represent Clarington on the board , until Nov., 2003. As well, Councillors Charlie Trim and Jim Schell,' Clar- ington's alternate deputy mayors, will share a second second seat on the board during that time period. It'S the homeowner under its bylaws. In Clarington there is no fine system for homeowners who fail to clear their walkway, walkway, says Len Creamer, senior bylaw officer. officer. Instead, the municipality will send out a contractor to clear the sidewalk and will bill the homeowner for the cost, he says. "Twelve hours after the snowfall ceases they are supposed to have it cleared," he explains. "If not, and we receive receive a complaint, we send out a contractor contractor who takes a before and after photo and shovels it." The property owner is then issued a bill. Mr. Creamer says the municipality has opted for this route because it's more effective than issuing a fine. "Because of the court time allocation, for a contravention that happened today we'd be looking at the end of March (for a court date)," he says. "We don't want to waste the court's time and still have the problem exist. We'd rather solve it." Clarington has quite a progressive policy on snow clearing, points out Mayor Mutton. In its last term, council voted to provide sidewalk clearance for seniors and people with disabilities. The public works department also clears sidewalks where shallow boulevards cause plows to continuously pile snow onto the walkway. "That service is not offered in a lot of municipalities," says the mayor. However, he adds, property owners should be prepared to do their part. "I've heard from people who ask why can't the municipality clear all the sidewalks. The bill would be astronomical. astronomical. We can't just do Bowmanville and if we do all the downtowns you're looking at a five to 10 per cent increase on your tax bill," he says, adding, "We're Canadians. Canadians. We've got to shovel snow and we've got to get used to it. That's the bottom bottom line." Residents and businesses are responsible responsible for the walkways in front of their properties, says Mr. Creamer who adds comer property owners are also responsible responsible for the walks along the side of the property. During the snow season, the municipality gets 10 to 15 complaint • with Deborah Kohlsmith Financial Consultant "What is your life story?" In my profession money is everything or is it? What I am able to do for many people is fascinating - I help people achieve their-goals and drean\s. Your wishes and dreams-arex Very much your jown - they, shape your life. Whether your dream is to toy-a new home,'boat or cottage/pay off your mortgage early, fund a child or. grandchild's post secondary education, plan for a year sabbatical, pay for long-term'care for a loved one or simply improve your daily life - these dreams are achievable and I can help you achieve them. It is extremely rewarding to see the sense of accomplishment in someone's eyes upon reaching a specific goal. What kind of lifestyle would you like and how will you go about successfully achieving it? Recently, a friend of mine was diagnosed with a terminal illness. This has prompted me to reflect on my own life, goals and dreams. Life is about choices ,we choose to make. Choose 1 the "life story" you would like and make the most of it. If you were to write your epitaph today, how would it read? As a friend of mine often says - creating memories is really all we can do. Think about how you can create wonderful memories with your family and friends in 2001. Create memories that will last a lifetime. o$o Happy New Year!! REGAL CAPITAL PLANNERS LTD. 108 Kina street East Bowmanville, Ont. L1C1N5 (905) 625-1956 calls each week, estimates Mr. Creamer. If, when the contractor arrives to clear the walkway it is already clear, the homeowner is not billed. However, he DURHAM says, some people get into trouble because because they clear the initial snowfall but forget to maintain the walk and ensure ice does not build up. Thank you to all of our scholarship donors. School of Academic & Career Preparation Amos Dumpit, Optimist Club of Wliitby Ingrid Ljuckanov, Optimist Club of Wliitby Regan DcDiana, Optimist Club of Whitby Tim .Kiomall, Optimist Club of Whitby Pauline Simon, Optimist Club of Whitby - Whitby Teachers Brian Janes, Optimist Club of Whitby - Whitby Teachers John Currie, Optimist Club of Whitby • Whitby Teachers Donna Fountain, Optimist Club of Whitby - Wliitby Teachers Jennifer Gibson, Optimist Club of Wliitby - Whitby Teachers School of Administrative Studies Cheryl Boyd, Lewis Beaton Trust Andrea Goforth, Durham College Laurie Keltler, Lewis Beaton Trust Stacey Laing, Robert S.A. Fair Wendy Frith, Durham College Jayn Benak, Durham College Yvonne Heroux, Durham College Julia Heidentan, Durham College Amber McIntosh, Durham College School of Justice Studies Lakcysha Edwards, Durham College Kanwalpal Randhawa, Durham College Holly McCormick, Durham Region Law Association Krista Jorgensen, Steven Shumovich Memorial Amanda Thompson, A. Alan II. Strike Tammy Metcalfe, Durham College Kimberley Hlckling, Midge Day Memorial Shawna Hayes, Jean Lafoy Memorial Justin Hutchins, Durham College School of Applied Sciences Krista Cramer, Durham College Ewelina Gabrylewicz, Durham College Anand Sudama, Dr. Peter Zakarow Timothy Clark, Durham College Iva Howard, Eli Lilly Canada Nicole Gillis, Durham College Nicola Daligadu, Ontario Food Protection Association Angela Roy, Novartis School of Communication Arts Gord Bourget, Lewis Beaton Trust Alison Craig, Oshawa/Whitby This Week and Ajax/Pickcring News Advertiser Andrea Johns, Durham College Elizabeth Sherburne, Norma Camozzi Memorial Oliver Fernandez, Southern Ontario Newspaper Guild Elizabeth De Souza, Southern Ontario Newspaper Guild Joanne Elliott, Sodexho Marriott Canada Lisa?Phillips, FranklCowan tio. Ltd. . : i ... i jV •' , .. ■ v. . ' ■ School of Design " . Maria Exportas, Durham College ; Ada.Tak Lam, Tong, Durham College Cory Laporte, Durham College Severin Hcgedis, Dr. G. E. Willey Memorial Sherri Blacklaw, Robert MfcLaughlin Gallery Nathaniel McAnaliy, Durham College Katy Snaith, Sharon Young Melissa Mackinlay, Durham College Nicole Vautour, Durham College Shaun Rashid, Durham College Barbara Vermeersch, Durham College David Emery, Durham College Matthew Stecnburg, Durham College Shelly Quinn, Durham College Clara Yuen, Durham College School of Skilled Trades & Apprenticeship Paul Astle, Durham Electrical Maintenance Association Guy Vachon, Durham Electrical Maintenance Association Robert Lacroix, Durham College Colin Crooks, Durham College Brad Gordon, Life Long Learning Steve Cochrane, LifeLong Learning Dawn Lockhart, Business & Professional Women of Durham Robert Holly, Enbridgc Consumers Gas Jeffery Venn, Enbridgc Consumers Gas School Of Business Jennifer Yaskolskie, BDO Dunwoody Jamie Hill, Madgett, Roberts, Marlowe, Jackson & Chappclic Paula Chang, CGA Ontario Yvonne Coe, Dclolttc & Touche Paul Shaw, Rotary Club of Osliawa Dawn Cain, Human Resources Professional Association of Durham Sharon Weathcrall, Richard Jones Karen Spencer, Durham College Maddalena G ravina, Dr. G. E. Willey Memorial Melissa Bradshaw, Gord Rlehl Jill Whitlick, Richard II. Donald Aaron Groulx, Durham College Anna Wojdylo, Durham College Elpliie Galanakis, Milhvork Home Centre Jenny Bottrell, Schofield Aker Insurance Chris Pfaff, Durham College Amandeep Grewal, Durham College Alumni Association Monika Ikzynski, Durham College Alumni Association James McLellan, Bank of Montreal Don Foley, Mcssicr-Dowty Inc. Royal Griffith, Durham College Stuart Porter, Durham College Lindsey Anne Wagg, Durham College David James, Durham College Tyler Nguyen, Durham College School of Technology Marc Sorensen, Harold 'Pat' Dooley Educational Fund Michael Lavoie, Herman Kasslnger Foundation Robert Rooks, Emma Kasslnger Memorial Janine Taushman, Herman Kasslnger Foundation Si Ngo, Durham College Melissa Widmeyer, Andrew Foundation Joseph Powell, Jerry Treanor Memorial Jonathan Bagg, Andrew Foundation Bryan Trussed, Mathews Conveyor Craig Sutherland, Totten, Sims, Hubickl, & Associates Mike Garacci, Marigold Lincoln Mercury Sales Gemma Rouen, Ontario Power Generation Janna Matilainen, Durham College Wendy Laplante, Ilerman Kasslnger Foundation Lorna MacKenzie, Bennett Paving & Materials David Gérais, CoSteel LASCO Daniel Carswell, Dorothy Stirling Beau James, Robert Moorcroft Jeff Hall, Durham College Aundene St. Bernard, Jo-Annc Boyes Memorial Adam Stuart, Dr. G.E. Willey Memorial Bryan Bowden, Durham College Carol Dunbar, Canadian Federation Of University Women Khawar Jadoon, Blue Circle Cement Patrick Windatt, Herman Kassinger Foundation ■ s.t School of Health " 'Stephanie Carter, Durham College 1 :' it 1 mp v V Barbara Blaj, Dr. Peter Zakarow Pauline Althoff-Muhic, Lovell Drugs Lisa Belbin, D.H.S. Health Care Services (Oshawa) Sharon Bullock, Lofthouse Brass Mfg. -Jean Lofthouse Memorial Maryann Gray, Beta Sigma Phi Sorority -Vicki Knox Memorial Lynda Kroonenberg, Gwen Smith Memorial School of Human Studies Christine McLaughlin, Joyce Marshall Kerry Thomson, Oshawa Folk Arts Council -Jan Drygala Memorial Tara Prentice, Cindy Hogan Memorial Vicki Adams, Continuous Learning Nicole Pilon, Oshawa Folk Arts Council - Anne Racz Memorial Keri Page, Dr. G. E. Willey Memorial For more information call us at 721-2000 www.durhamc.on.ca Why Filoména Del Fuoeo Alzheimer month The Durham/ iranch of the Mzhelmer Society s kicking off Mzhelmer Aware- less Month with ts second annual Walk for Memo- ' les Sunday, Jan. r at Cullen Gar- Jens In Whitby. For more In- ormatlon about he run, call the Mzhelmer Society if Durham Region at576-2567. . -, school to make new friends. '.. Each week, Susan St, John and Filoména Del Fuoeo experience what it's like to •be; kids again. They volunteer for their local Big Brothers and Big Sisters In-School Mentoring Program at two schools in Bowmanville. They gain the children's trust by letting them take the lead in what they do together but ultimately their activities lead lo building self-confidence. Programs like In-School Mentoring help youngsters flourish. Research affirms that the impact on Little Brothers and Sisters is positive and significant. Youngsters who have been in the program are loss likely to miss school, slay in school longer and are socially more responsible. "Sometimes the children feel they need a friend to talk to," says Filoména. "It is a rewarding experience for everyone involved," says Susan. Susan and Filoména work for Royal Bank in Bowmanville. They're just some of many Royal Bank employees across Canada who take time out to help in their communities. And we'd just like to lake this opportunity lo thank'them for doing what they do and for putting « our donation to such good use. 5ES3 ROYAL BANK @11 FINANCIAL GROUP ' UvuthU'ivil li.uto-m.ii k ui Uiiy.il ll.mk ul V.m.uk) IM Iiihlv-m.ukul Uuv.il IKtnkoU'.m.hl.i Make the most of your dreams.'