SUPREME COURT OF NOVA SCOTIA
Citation: Shane v. 3104854 Nova Scotia Ltd., 2010 NSSC 448
Date: 20101217
Docket: Hfx No. 315268
Registry: Halifax
Between:
Shirley Anne Shane
Plaintiff
v.
3104854 Nova Scotia Limited
Defendant
LIBRARY HEADING
Judge: The Honourable Justice C. Richard Coughlan
Heard: November 4, 2010 (in Chambers), in Halifax, Nova Scotia
Written Decision: December 17, 2010
Subject: Practice - Motion for Summary Judgment
Summary: Plaintiff slipped and fell on a sidewalk maintained by Municipality. The defendant owned a parking lot adjacent to the sidewalk. There was evidence if the right conditions existed snow can melt in the parking lot and flow on to the sidewalk. When the parking lot is icy salt is spread on it. Salt was applied on the day the plaintiff slipped.
Issue: Has the test for summary judgment been satisfied?
Result: Motion dismissed. Whether the ice on the sidewalk at the time Ms. Shane fell was from water the defendant allowed to accumulate on its property and run across the sidewalk, thereby creating a dangerous condition that it knew or ought to know could cause injury to pedestrians using the sidewalk, is a genuine issue of material fact requiring trial.
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