Why Kelowna’s response to snow removal is “almost unheard of across Canada”
WANT TO SUE? GOOD LUCK
KELOWNA — So you finally get out of your snow-choked driveway, just to slip on your neighbour’s sidewalk and break your nose. Or you break your wrist, jumping over a snowbank to cross the road. If you’re looking for someone to sue, don’t bother naming the city in the lawsuit – the odds don’t favour you.
“We get one every couple of years but we’ve never lost a lawsuit on that issue to my recollection,” says Lance Kayfish, risk manager for the City of Kelowna.
His confidence in winning lawsuits doesn’t stem from the quality of the city’s lawyers, but rather the height of the bar set by B.C. municipalities, and by extension their taxpayers, for snow removal and maintenance. It can be pretty low, depending on where you live and the property taxes you pay.
“In B.C., municipal roads are maintained to a standard set by local government,” Kayfish says. “Regardless of how good or bad road maintenance is, there can be no real liability, except perhaps in the case of extreme negligence.”
While this week's snowfall levels have tested City resources, Kayfish says Kelowna's snow removal service is amongst the best in Canada, but still allows enough flexibility to deal with fast-changing weather.
“Calgary and Edmonton don’t even try to do side streets,” he says. “We do some sidewalks which is almost unheard of across Canada."
So don’t look to him for much sympathy either, if you get into a car accident and try to blame it on the snow-slicked roads.
“The reality is snow conditions don’t cause accidents. Bad driving does,” he adds, although he describes roadways as “the riskiest service we provide,” regardless of the season.
Someone injured in a snow-related slip or fall would do better to look for liability at the residence or business fronting the sidewalk where they fell. Under the policy, property owners are responsible for removing snow and ice from sidewalks within a reasonable time period, subject to a fine for non-compliance, although Kayfish admits the city isn’t racing to send out tickets.
“If it got to that, bylaw would send out warning letters first,” he says.
Instead the city is encouraging people to help their neighbours dig out, rather than think about lawsuits.
"We don't have much of a tradition like that here," he says. "People expect snow here to melt and go away within 24 hours."
To contact the reporter for this story, email John McDonald at jmcdonald@infotelnews.ca or call 250-808-0143. To contact the editor, email mjones@infotelnews.ca or call 250-718-2724.
3 responses
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the snow removal has been really slow..the city is waitin for it melt it seems..as a driver the main roads aren’t a problem but the side roads are horrible especially in a little car. Pedestrians are the concern and it should be a concern. Strollers and walkers and motorized scooters can not get through this stuff and forces these people to be shut ins. BUT alot of the snow could be removed by home owners and businesses to make the streets safer. I personally wouldn’t want to be sued because I didn’t have the incentive to remove the snow from in front of my property. Seems alot of homeowners are just waiting for someone else to come along and do it for them.
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The snow removal methods suck in the Okanagan…across the board. I’m in Penticton and its no better. They have a plow that goes down the middle of the road, and that is it. Barely enough room for one vehicle. They don’t remove it either, just leave it on the side, for the neighbourhood folks to clean up, pending they can drive of even walk for that matter over the 3foot drift they have created. There should always be a snow removal truck following the plow…where do our taxes go?
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don’t know where this guys head is but kelowna does not have amongst the bet snow removal in canada…..they have no clue on how to do snow removal,this snowfall has proven that.kelowna lets small children walk to school on a busymain road because their snowplows fill the sidewalks up with snow from the road and expects residences and businesses to take it off for them….kelowna needs to take lessons from another province on how to remove snow…the city putes the snow off the roads onto your driveway and expects homeowners to clean it up for them..talk about being lazy………
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