The City of Toronto appealed a trial judge's decision regarding liability for a slip and fall in a municipal laneway.
The City argued the trial judge erred in assessing the standard of maintenance, failing to apply the strict notice period for sidewalks under the Municipal Act, and failing to find contributory negligence.
The Divisional Court dismissed the appeal, finding no palpable and overriding error in the trial judge's factual findings or application of the law, and upheld the trial judge's costs award.