When salt isn’t enough: Merkley v. St. Lawrence College of Applied Arts and Technology

In the recent decision of Merkley v. St. Lawrence College of Applied Arts and Technology[1] from the Ontario Superior Court of Justice, Justice Hackland held that occupiers may be found liable for injuries even where a winter maintenance management plan was followed.

In Merkley, the plaintiff broke his left as a result of a slip and fall on the defendant premises, the St. Lawerence College of Applied Arts (the “College”). Justice Hackland accepted that there was black ice present on the sidewalk where the plaintiff fell, which was present as a result of the defective winter maintenance response by the College and its contractor, David Brown Construction Ltd. (the “Contractor”).  

The College created a winter maintenance plan for the Contractor to follow, which contemplated among other things, the use of Ice Melter at certain temperatures. However, the College and the Contractor agreed that only salt needed to be used at the College. 

The expert evidence was divided on the efficacy of the salt at the prevailing temperatures when the fall occurred, and Justice Hackland relied upon the Transit Association of Canada (TAC) guidelines for when salt should be used in winter weather as guidance. 

Justice Hackland held that the defendants failed to meet the standard of care owed to the plaintiffs by only using salt in the given weather conditions. Justice Hackland held that even if the defendants did not use “snow melt,” (as required by the contract) a mixture of salt and sand could have been used to improve traction – as is common practice throughout other areas of the College and as recommended in the TAC guidelines – but they did not. 

This decision illustrates the risk that occupiers face when creating and executing their winter maintenance programs. Careful attention should be given to ensuring that plans meet the appropriate standards and that these plans are being adhered to. 

No longer will occupiers be able to rely on any effort being taken to address the presence or risk of ice as a complete defence to claims arising from winter maintenance obligations. 

[1] 2025 ONSC 4368