The plaintiff was injured when a park bench she sat on collapsed during a New Year's Eve event.
Shortly before, a town councillor had witnessed a vandal break the bench, but did not report it.
Someone subsequently propped the broken bench back up, making it appear normal.
The trial judge found the municipality liable under the Occupiers' Liability Act for failing to have on-site security and for the councillor's failure to report the damage.
The Court of Appeal allowed the municipality's appeal, holding that the trial judge failed to apply the correct standard of care.
The court found that someone propping up a broken bench to make it appear normal was not a sufficiently probable contingency that the municipality was required to foresee.
