The plaintiff brought an action under Simplified Procedure for damages sustained from a trip and fall on a city-owned sidewalk, alleging non-repair.
The parties agreed on damages, and the trial proceeded solely on liability.
The court found that the sidewalk's discontinuity, measured between 17.462 mm and 18.5 mm, did not exceed the 20 mm threshold set by the Minimum Maintenance Standards (O.Reg. 239/02), and thus was deemed to be in a state of repair.
Consequently, the plaintiff failed to prove non-repair, and the action was dismissed.
Despite the dismissal, the court also found the plaintiff 20% contributorily negligent for failing to keep a proper lookout on a familiar sidewalk.