The defendant appealed a trial judgment finding it liable for injuries the plaintiff sustained after falling at its roller skating rink.
The trial judge found the defendant breached its duty under the Occupiers' Liability Act by failing to adequately address a leaking roof, which caused water to pool on the rink floor.
On appeal, the defendant challenged the trial judge's findings on causation, credibility, treatment of corrected discovery evidence under Rule 31.09, and damages.
The Divisional Court dismissed the appeal, finding no palpable and overriding errors in the trial judge's assessments of mixed fact and law.
