They don’t want a pristine surface where the Zamboni comes and clears it and makes it beautiful,” she said.
“(People) love skating on the natural pond. They voted Friday for a motion from Doucette asking staff to study a less expensive option - ice-testing and a designated skating area without all the bells and whistles. It’s easy to mock modern urban mankind’s struggles with perfectly safe ice, but the parks committee members are entirely well intentioned. Cities have to ensure “that every person who goes on there will be reasonably safe.” If cities are going to “allow” people access to a certain premises, whether it’s a baseball stadium or a skating rink, “the courts have been very stringent,” he says. “If the municipality has any concerns whatsoever that someone may fall through the ice, then they can’t escape liability by merely putting up a sign saying use at your own risk, there may be thin ice, whatever,” he adds. “What you should have done is fenced it off or have someone come by much more often. “Someone could say … to send a bylaw enforcement officer every couple of weeks or even every couple of days just won’t do it,” he says. But the look-the-other way policy may well undermine the city’s case should someone fall through, says John Mascarin, an expert on municipal law at Aird and Berlis. “The police could have been called for trespassing,” says Kathy James, a senior analyst in Madeley’s department, “but perhaps that would have come across as heavy-handed.” And enforcement efforts are hardly zealous: online reports suggest bylaw officers showed up every now and again last winter to plead for compliance, and were mostly ignored.
But “closing” the pond demonstrably provides no guarantee against lawsuits. It is commonplace to blame these absurdities on the legal profession.
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