Jess McDiarmid
Northern News Services
Published Wednesday, January 16, 2008

YELLOWKNIFE - The city may begin plowing walking trails across Frame Lake after a volunteer who had been clearing paths said municipal enforcement officers told him he could be sued if anyone was ever hurt on the trails.

Since November, Lloyd Thiessen had been clearing roughly two kilometres of trail from downtown to the Range Lake area with a plow on his quad.

Lloyd Thiessen stopped clearing pedestrian trails on Frame Lake after he was warned by municipal enforcement officers that he could be sued in the event of an accident. Now the city is examining its options for keeping snow off the trails. - photo courtesy of Lloyd Thiessen

He said he was stopped by officers Jan. 4 who told him he was endangering the public and could face legal action if there was an accident.

Thiessen said he would stop clearing the paths despite the fact he loved doing it and residents were appreciative.

Councillors at a Monday committee meeting expressed their appreciation for his volunteer work and requested more information on liability.

Administration said it would cost between $18,000 and $25,000 to clear the trails for a winter, which Coun. Kevin Kennedy suggested they put in the budget for next year.

"I really appreciate Mr. Thiessen and his work on the trail, this is what we want to have our citizens doing," said Kennedy. "But on the other hand, really what he's done is he's pointed out a deficiency in the service that our city is providing, one that is obviously well-loved."

Kennedy said the cost to the city of clearing the trail could be justified by convenience and public safety as it meant that pedestrians on the lake walked across one place, lessening the chances of someone being hit by a snowmobile.

A trail would also make snowmobilers slow down to cross it.

"It's, I think, actually a real win in terms of public safety," said Kennedy.

There has been concern that if a snowmobiler hit a snowbank along the trail and was injured, the city and Thiessen could be held liable.

In 2003, a 21-year-old snowmobiler died after he hit a chute constructed for the Canadian Championship Dog Derby.

His family subsequently sued the city, the territorial government, medical responders and two organizations.

Coun. David Wind stressed that the city needed to be proactive in separating snowmobiling from walking on the lake but said the city should encourage walking.

"Walking is a healthy act," said Wind.

Coun. Lydia Bardak also said she supported the trails and suggested the city work closely with the snowmobile association.

"When people are doing good community services, that should be encouraged, not discouraged," said Bardak.

The city will get legal opinions on liability issues and examine options for providing the trails.