The appellant City of Toronto appealed a trial judgment finding it liable under the Occupiers' Liability Act for injuries sustained by the respondent when a glass door shattered at a community centre.
The trial judge found the City breached its duty of care because the door was made of annealed glass rather than the safety glass required by the Ontario Building Code.
On appeal, the City argued the trial judge improperly applied a strict liability standard rather than assessing whether the City took reasonable care to install the correct glass.
The Court of Appeal dismissed the appeal, holding that the trial judge correctly decided the case based on the theories and issues expressly advanced by the parties at trial.
