Mahone Bay examines sidewalk patio bylaw after 100-year-old woman falls and later dies

The town council of Mahone Bay, N.S., is reviewing its sidewalk patio bylaw after a well-known 100-year-old woman fell outside a restaurant that had recently installed a structure and later died.

Popular local minister Rev. Barbara Minard was out for her daily walk on the afternoon of June 27 when she attempted to navigate the wooden walkway for the first time.

Using her walker, she found it difficult to manoeuvre, lost her balance and fell, said family members.

After sustaining a fractured finger and hand, Minard died on July 2.

The family decided against an autopsy explaining that was out of respect for their mother's dignity but say she was otherwise healthy and say she would have not had any problems had the patio structure not taken over the sidewalk.

"She was very, very concerned about having letters written to the city, having some kind of action that would have this structure changed or removed from the city before something happens to someone else," her son, Robin Minard, told CBC News.

"She was coming off of the walkway where you have to make a couple of sharp turns, which is not always easy if you are unsteady on your feet," explained Nancy Minard, Barbara's daughter.

Also problematic, she said, is the connection between the walkway and the sidewalk where her mother reported a tricky transition. 

Another of her children, Catherine Minard, said it was heartbreaking to see her mom in pain with a bruised hand.

In gathering names for a petition calling for the patio's removal, she has since heard concerns from a number of others about the structure.

"There was one man we spoke with who has a very wide mobility scooter and he said it's very hard for him to navigate," she said. "So he literally has to go outside of this structure onto the street to make his way to the other end."

Minard's fourth child, James, lives in Sweden and will be arriving in Mahone Bay in time for the funeral on July 16. 

The town's CAO confirmed a permit was approved for the patio in May and it was inspected during construction.

The matter was on the agenda at a council meeting on Tuesday where a number of residents also spoke up, as well as the family.

Business asks for evidence the fall caused death

A couple of people in support of the restaurant, Eli + Trix, also attended to defend the business and its patio.

"It was certified by the province. It was certified by the town. It was certified by fire," said Roger Mader, the partner of the business owner, Danielle King.

"We are deeply sorry for Barbara's loss. Our understanding, however, is Barbara fell, Barbara broke a finger, and Barbara went to the hospital. Barbara died in her sleep three days later, and I would like to understand that if there is some evidence that the fall was the cause for her death, it seems both unlikely and it should be produced as evidence," Mader said at the meeting.

The mayor asked people to stop talking during Mader's presentation or they would be asked to leave.

Suzanne Lohnes-Croft said the issue has become a divisive one in the community.

"Everyone knew Barb in Mahone Bay," she said. "I think when there's grief, everything is amplified."

Council is doing its due diligence, she said, by conducting a review directing staff to look at best sidewalk patio practices from other municipalities, while also examining pedestrian safety and potential design recommendations.

"Can it be improved? It possibly could. Could there be other designs that would be better suited to our small town? That's all the stuff we want to know when we review the bylaws," Lohnes-Croft said.

Council has asked for another report to be prepared to show what the business was required to do during the permitting process so that is also made clear.

King told CBC News she has received threats since the incident.

Minard family calls for calm

RCMP confirmed they are investigating a report of online threats against a Mahone Bay business.

King said Barbara Minard was a regular at the restaurant where she was well liked by staff, who told her the fall happened on the slope of the sidewalk — not the patio walkway.

However, the town CAO said modifications have been requested to the structure such as the installation of metal plates to cover the parts where the walkway meets the sidewalk, along with reflective markings outside the deck. 

The changes are not enough for the family who are continuing with their petition while also urging people to be calm and respectful, something they said their mother would have wanted.

"We would like to see action happen as quickly as possible to restore the safety to the community, to restore harmony to the community," said Nancy Minard. "She lived just to see harmony among people."