The plaintiff, Dimostenis Karpouzis, sued the City of Toronto for negligence (occupiers' liability) and public nuisance after suffering a serious brain injury while skateboarding at night on an unlighted recreational trail in a city park.
The City moved for summary judgment to dismiss the action.
The court granted the City's motion, finding that the City did not act with reckless disregard under the Occupiers' Liability Act, as the risks of using an unlit trail at night were obvious and willingly assumed by the plaintiff.
The public nuisance claim was also dismissed, as keeping a forested park open at night with an unilluminated trail was not found to interfere unreasonably with public health, safety, or convenience.
