Dewan Karim

The plaintiff tripped and fell on a 50 mm milled asphalt edge while crossing a road under construction at night, sustaining a broken arm.

She sued the municipality under the Municipal Act and the paving contractor under the Occupiers' Liability Act.

The court found that the defendants breached their respective duties by failing to install a temporary ramp at the pedestrian crossing, which constituted an unreasonable hazard.

However, the plaintiff was found 35% contributorily negligent for failing to keep a proper lookout in a known construction zone.

The defendants were held jointly and severally liable for 65% of the agreed damages.

The plaintiff slipped and fell on a temporary walkway adjacent to a subway construction site during a heavy snowfall.

She sued the City of Toronto, the Toronto Transit Commission, and the general contractor for negligence and gross negligence.

The defendants brought a motion for summary judgment.

The court found that snow removal was actively underway when the plaintiff arrived and that the defendants' actions were reasonable.

The court granted the motion and dismissed the action, finding no genuine issue requiring a trial regarding occupiers' liability or municipal gross negligence.