Gillian Mactaggart

The appellants, a condominium corporation and its snow removal contractor, appealed a trial decision finding them negligent for a slip and fall injury.

The respondent slipped on an icy roadway that had been plowed but not salted in a timely manner.

The appeal focused on the standard of care, arguing the trial judge misapprehended expert evidence and applied an unreasonable standard.

The Court of Appeal dismissed the appeal, affirming the trial judge's finding that the contractor's delay in applying road salt fell below the reasonable standard of care, given the foreseeable ice formation and the contractor's problematic system for salt application.

The plaintiff brought an occupier's liability action against the Crown for injuries sustained after falling at a provincial park.

The trial proceeded on the issue of liability.

The court dismissed the action, finding the claim statute-barred due to the plaintiff's failure to provide notice within 10 days as required by the Proceedings Against the Crown Act.

Additionally, the court found that the plaintiff failed to prove she tripped on a hidden retaining wall as alleged, concluding instead that she slipped.

The court also determined that the Crown, as occupier, had acted reasonably and was not liable for an obvious risk or for injuries resulting from the plaintiff's misuse of the premises.