Shane Hewitt and The NightshiftShane Hewitt and The Nightshift

The Sidewalk in Front of Your House Belongs to the City. The Ice on It Is Your Problem

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Winter slip and fall liability is more complicated than the patch of ice you're standing on. The sidewalk that cuts through your driveway is city property. Ontario courts have held the city responsible for falls on that surface. But if snow you piled up ran down onto that sidewalk and froze overnight, the liability comes back to you. Same surface, different origin, different outcome.

In Ontario, you have 10 days to put a municipality on notice after a slip and fall, and 60 days if it involves snow or ice. Miss the window, lose the claim. Nainesh Kotak's immediate advice after a fall: get medical attention first because broken ankles and disc injuries do not always announce themselves on impact. Then photograph the condition while it exists, because ice melts and cleared surfaces look like nobody's problem.

The embarrassment reflex, popping back up and walking it off, is the thing that ends most valid claims before they start. The injury gets worse over two days, the location gets forgotten, and the evidence is gone.

Topics: sidewalk slip and fall liability, winter ice homeowner responsibility, slip and fall injury steps, Ontario notice period, municipality negligence

GUEST: Nainesh Kotak | http://kotaklaw.com

Originally aired on 2026-02-27

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Shane Hewitt and The Nightshift

Shane Hewitt is known for his engaging and relatable on-air personality, which captivates listeners. 
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