The defendants, John and Elaine Wright, brought a motion for partial summary judgment to dismiss the plaintiff, Laura Burley's, claim against them.
Burley had slipped and fallen on a municipal sidewalk adjacent to the Wrights' apartment building, where she was a tenant.
The City of Ottawa admitted responsibility for the sidewalk.
The court found that the Wrights did not owe a common law duty to maintain the municipal sidewalk, were not "occupiers" under the Occupiers' Liability Act, had no common law duty to warn about public sidewalk conditions, and no implied contractual duty to maintain the sidewalk or provide direct passage through the building.
The motion for partial summary judgment was granted, dismissing Burley's action against the Wrights.
The City's crossclaim against the Wrights was also dismissed by consent.
