The appellants appealed a summary judgment that dismissed their action in negligence and breach of contract against the respondent regarding a slip and fall on restaurant stairs.
The motion judge had dismissed the claim regarding hazards on the stairs but allowed the appellants to amend their claim to plead a breach of the Consumer Protection Act for failing to advise of a main floor washroom.
The Court of Appeal dismissed the appeal, finding the motion judge correctly dismissed the first branch of the claim due to a lack of evidence of stair hazards, and properly preserved the second branch regarding the failure to advise.
