The appellant municipality appealed a slip and fall judgment arising from an icy pedestrian walkway leading to and from a recreation complex.
The central issue was whether the higher statutory standard under s. 284 of the Municipal Act governed, or whether the ordinary occupier's duty under s. 3(1) of the Occupier’s Liability Act applied.
The court held that the dominant purpose of the walkway was access to the complex, not use as a public sidewalk or highway, and therefore the Occupier’s Liability Act governed.
The finding of negligence was supported by the evidence, and the appeal was dismissed with costs.
