The plaintiff was injured when she tripped on a dumbbell during an exercise class at the defendant's gym.
The defendant moved for summary judgment, arguing the plaintiff signed a membership agreement with an exclusion of liability clause and that there was no negligence.
The court found the exclusion clause was not binding because the defendant failed to take reasonable steps to bring it to the plaintiff's attention under s. 5(3) of the Occupiers' Liability Act.
However, the court granted summary judgment dismissing the action, finding no negligence by the defendant, as the risk of a round dumbbell rolling was obvious and required no warning.
The court also ruled the plaintiff's expert evidence inadmissible.
