The defendant brought a motion for summary judgment dismissing a negligence action arising from injuries sustained when a sign fell and knocked the plaintiff from a ladder while he was assisting in removing it from a building.
The plaintiff alleged the defendant breached its duty under the Nova Scotia Occupiers Liability Act to ensure that he was reasonably safe while on the premises.
The court held that the evidentiary record was incomplete and that the motion was premature, emphasizing the need for production and discovery to permit a full appreciation of the issues.
Applying the principles from Combined Air Mechanical Services Inc. v. Flesch, the court declined to determine the claim summarily.
The motion was dismissed without prejudice to being renewed after discovery.
