Kluane et al. v. Chasse, 2001 ABQB 244
| Judge | Waite, J. |
| Court | Court of Queen's Bench of Alberta (Canada) |
| Case Date | March 26, 2001 |
| Citations | 2001 ABQB 244;(2001), 289 A.R. 226 (QB) |
Kluane v. Chasse (2001), 289 A.R. 226 (QB)
MLB headnote and full text
Temp. Cite: [2001] A.R. TBEd. AP.058
Barbara Kluane and Her Majesty the Queen in Right of Alberta (plaintiffs) v. Erick George Chasse and Christine Heather Chasse (defendants)
(Action No. 9701-03059; 2001 ABQB 244)
Indexed As: Kluane et al. v. Chasse
Alberta Court of Queen's Bench
Judicial District of Calgary
Waite, J.
March 29, 2001.
Summary:
The plaintiff fell on a city sidewalk in front of property owned and occupied by the defendants. The plaintiff's action against the defendants was framed in negligence, the Occupiers' Liability Act and the City of Calgary Bylaw 20M88.
The Alberta Court of Queen's Bench dismissed the action.
Torts - Topic 277
Negligence - Breach of statute - Effect of breach of statute - [See Torts - Topic 3588 ].
Torts - Topic 3554
Occupiers' liability or negligence for dangerous premises - Occupier and premises defined - Respecting sidewalks - [See Torts - Topic 3588 ].
Torts - Topic 3588
Occupiers' liability or negligence for dangerous premises - Negligence of occupier -Sidewalks, walkways, ramps, etc. - The plaintiff fell on a city sidewalk in front of property owned and occupied by the defendants - The plaintiff's action against the defendants was framed in negligence, the Occupiers' Liability Act and the City of Calgary Bylaw 20M88 - The Alberta Court of Queen's Bench dismissed the action - The defendants were not occupiers of the sidewalk as defined by the Occupiers' Liability Act - While Bylaw 20M88 imposed a responsibility on abutting owners and occupiers to remove snow and ice from sidewalks, there was nothing in the Bylaw to expressly establish any civil liability for failing to do so - There was no common law duty on property owners to clear snow and ice from sidewalks adjacent to their property - While special circumstances which created an unusual risk could lead to a duty of care on an abutting landowner, there was no evidence to create such a duty against the defendants.
Cases Noticed:
Saskatchewan Wheat Pool v. Canada, [1983] 1 S.C.R. 205; 45 N.R. 425; 23 C.C.L.T. 121, refd to. [para. 4].
Bongiardina et al. v. Vaughan (City) (2000), 135 O.A.C. 154 (C.A.), refd to. [para. 5].
Counsel:
G.V. Wilhelm, for the plaintiffs;
Shannon C. Butcher, for the defendants.
This action was heard on March 26, 2001, before Waite, J., of the Alberta Court of Queen's Bench, Judicial District of Calgary, who delivered the following reasons for judgment on March 29, 2001.
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Der v. Zhao, 2021 BCCA 82
...that there is no common law duty on a property owner to clear snow and ice from sidewalks adjacent to that property: Kluane v. Chasse, 2001 ABQB 244 at para. 5. However, the judge noted that “there may be special circumstances which create an unusual risk which can lead to a dut......
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B.C. Court Finds No Liability For Company Hired To Clear Municipal Sidewalks
...snow from adjacent municipal sidewalks, courts in both Alberta (in Koch v. Slave Lake Jewellers Ltd., 2001 ABQB 445 and Kluane v. Chasse, 2001 ABQB 244) and British Columbia (in Der v. Zhao, 2021 BCCA 82) have ruled that for both commercial and residential property owners, municipal bylaws ......
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No Recovery For Slip On Municipal Sidewalk
...duty on property owners to clear snow and ice from public sidewalks adjacent to the property: Bongiardina at para. 19; Kluane v. Chasse, 2001 ABQB 244 at para. 5, aff'd 2003 ABCA 30. The Ontario Court of Appeal in Bongiardina outlined two exceptions to this principle at paras. 20-21: first,......
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Kluane et al. v. Chasse, 2003 ABCA 30
...the Occupiers' Liability Act and the City of Calgary Bylaw 20M88. The Alberta Court of Queen's Bench, in a decision reported at 289 A.R. 226, dismissed the action. The plaintiff The Alberta Court of Appeal dismissed the appeal. Torts - Topic 277 Negligence - Breach of statute - Effect of br......
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Der v. Zhao, 2021 BCCA 82
...that there is no common law duty on a property owner to clear snow and ice from sidewalks adjacent to that property: Kluane v. Chasse, 2001 ABQB 244 at para. 5. However, the judge noted that “there may be special circumstances which create an unusual risk which can lead to a dut......
-
Kluane et al. v. Chasse, 2003 ABCA 30
...the Occupiers' Liability Act and the City of Calgary Bylaw 20M88. The Alberta Court of Queen's Bench, in a decision reported at 289 A.R. 226, dismissed the action. The plaintiff The Alberta Court of Appeal dismissed the appeal. Torts - Topic 277 Negligence - Breach of statute - Effect of br......
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Der v. Zhao, 2019 BCSC 1996
...on property owners to clear snow and ice from public sidewalks adjacent to the property: Bongiardina at para. 19; Kluane v. Chasse, 2001 ABQB 244 at para. 5, aff’d 2003 ABCA 30. The Ontario Court of Appeal in Bongiardina outlined two exceptions to this principle at paras.&#......
-
B.C. Court Finds No Liability For Company Hired To Clear Municipal Sidewalks
...snow from adjacent municipal sidewalks, courts in both Alberta (in Koch v. Slave Lake Jewellers Ltd., 2001 ABQB 445 and Kluane v. Chasse, 2001 ABQB 244) and British Columbia (in Der v. Zhao, 2021 BCCA 82) have ruled that for both commercial and residential property owners, municipal bylaws ......
-
No Recovery For Slip On Municipal Sidewalk
...duty on property owners to clear snow and ice from public sidewalks adjacent to the property: Bongiardina at para. 19; Kluane v. Chasse, 2001 ABQB 244 at para. 5, aff'd 2003 ABCA 30. The Ontario Court of Appeal in Bongiardina outlined two exceptions to this principle at paras. 20-21: first,......