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Motion for leave to appeal dismissed without costs.
The moving party sought leave to appeal an unreported order of the lower court.
The Divisional Court noted that the motion below was on consent and dismissed the motion for leave to appeal without costs.
Summary judgment granted dismissing action against municipality for plaintiff's fall on adjacent railway lands.
The plaintiff was severely injured after falling from a railway trestle on lands owned by Canadian National Railway (CN) while taking a short cut.
The plaintiff sued both CN and the City of Quinte West.
The City brought a motion for summary judgment to dismiss the action against it.
The plaintiff argued the City was an occupier because it cut the grass on an adjacent parcel of land, and that it owed a duty to prevent access to the railway hazard.
The Superior Court of Justice granted the City's motion, finding that the City was not an occupier of the hazard location and that its maintenance of adjacent lands did not create the danger.
The court further held that the City owed no general duty of care to prevent pedestrians from accessing third-party railway lands.
