A defendant brought a motion for summary judgment dismissing a personal injury action arising from a roofer’s fall from a neighbouring property onto a metal fence.
The plaintiff alleged that the fence constituted a dangerous trap and that the occupier breached duties under the Occupiers’ Liability Act and a municipal fence by-law.
The court applied the summary judgment framework and concluded there was no genuine issue requiring a trial.
It held that the fence was visible, not a hidden danger, and that the risk of a person falling from a neighbour’s roof onto the fence was not reasonably foreseeable.
Summary judgment was granted dismissing the claim against the moving defendant.
