The appellant municipality challenged a trial judgment arising from a bicycle accident on a paved roadway that also formed part of a fitness path.
The court held that s. 4(1) of the Occupiers’ Liability Act did not apply because the location was regularly used for vehicular traffic and was more than a recreational trail.
The court upheld the findings of no contributory negligence and the general damages award, but set aside a $50,000 award for loss of competitive advantage because the evidence of future earning capacity loss was meagre and unquantified.
The appeal was allowed in part, the cross-appeal was dismissed, trial costs were reduced to party-and-party, and there were no costs on the appeal or cross-appeal.
