The appellant sued her landlord for negligence after suffering serious personal injuries from a fall on a fire escape, alleging it was not kept free of ice and snow.
The trial judge dismissed the action, accepting the superintendent's evidence of daily inspections and finding no snow or ice was present, while rejecting the appellant's evidence on credibility grounds.
On appeal, the appellant argued the trial judge misapprehended evidence and erred in credibility findings.
The Court of Appeal dismissed the appeal, finding the trial judge's conclusions were supported by the record and there was no basis to interfere with the finding that the standard of care was met.
