CASE LAW - Clearing Your Sidewalk

It's probably safe to say that most municipalities have a bylaw regulating the removal of snow and ice from sidewalks. This case involves the City of Vancouver's Street and Traffic Bylaw, Harold Gutovich and the sidewalk in front of his home at 1121 W. 16th Avenue.

Mr. Gutovich had been charged under the bylaw for failing to remove snow and ice and was acquitted at trial. The Crown appealed that verdict and was not successful.

Location of the Sidewalk in Question

Summary of the Appeal

The appeal was heard by Justice Blake.

[27] Whether a specific sidewalk, on a specific date, was rendered unsafe as a result of an owner or occupier failing to remove snow and ice from the sidewalk is an issue which requires evidence of the specific condition of that sidewalk on that date. The Crown failed to tender evidence sufficient to satisfy the Judicial Justice that the sidewalk was not safe. The Crown had the burden of establishing a breach of the Bylaw beyond a reasonable doubt, and the Judicial Justice determined they had failed to meet this burden. I accept the Judicial Justice’s approach to the statutory interpretation, and the burden of proof, was correct.

He dismissed the appeal.

The Bylaw and the Update

At the time of the incident, the bylaw said:

76. The owner or occupier of any parcel of real property shall, not later than 10:00 a.m. every day, remove snow and ice from any sidewalk adjacent to such parcel for a distance that coincides with the parcel’s property line and for the full width of the sidewalk.

Since this trial the section of the bylaw has been amended to read as follows:

76. The owner or occupier of any parcel of real property shall, not later than 10:00 a.m.
every day, remove all snow and ice from any sidewalk adjacent to such parcel for a
distance that coincides with the parcel's property line and for the full width of the
sidewalk.

Partial removal of snow or ice from sidewalks will no longer satisfy the bylaw requirements.

Details of the Initial Trial

The details of the initial dispute were not published.

Learn More

• Street and Traffic Bylaw 2849
• Read the Reasons for Judgment - R v Gutovich

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