The City of Toronto moved for summary judgment to dismiss an action brought by the plaintiffs for injuries sustained by Selome Aemoro Walelegne after tripping on a sidewalk discontinuity.
The court applied the Hyrniak v. Mauldin framework and found no genuine issue requiring a trial.
The City met its minimum maintenance standards for patrolling and inspecting sidewalks under O. Reg. 612/06 and was protected by the statutory defences in the City of Toronto Act, 2006, as it took reasonable steps and could not reasonably have known about the specific defect.
Furthermore, the plaintiff was found to have contributed to her own injury by walking off the intended path.
The motion for summary judgment was granted, and the action dismissed.
