On appeal from a summary judgment decision, the Court of Appeal considered whether a motion judge properly granted judgment to the plaintiff in the absence of a cross-motion, whether hearsay evidence was improperly admitted on the summary judgment motion, and whether the defendant occupier breached its statutory duty under the Occupiers' Liability Act.
The plaintiff was injured when he tripped over a skateboard in a shopping mall food court.
The motion judge granted summary judgment in favour of the plaintiff on liability, directing a trial only on damages assessment.
The Court of Appeal allowed the appeal, finding the motion judge acted unfairly by granting judgment not requested by the plaintiff, improperly admitted hearsay evidence on contested issues, and erred in finding liability.
The Court granted summary judgment dismissing the action.
