The plaintiff sued the defendant municipality for injuries sustained after tripping on beach stones scattered on a public sidewalk.
The defendant moved for summary judgment, arguing the sidewalk was not in an unreasonable state of non-repair and that it had no knowledge of the stones.
The court granted the defendant's motion, finding that the presence of the stones did not constitute an unreasonable state of non-repair as they could be easily avoided by a person exercising ordinary care.
Furthermore, the court held that the municipality was exempt from liability under s. 44(3)(a) of the Municipal Act because it did not know, and could not reasonably have been expected to know, about the stones on the sidewalk.
