The appellant appealed a trial judgment dismissing her claim against the municipality for a pedestrian accident.
The Court of Appeal dismissed the appeal, agreeing with the trial judge that on the uncontested facts, there was no basis to extend the municipality's statutory duty to repair under s. 284 of the Municipal Act to pedestrian traffic at the specific location of the accident.
The court noted, however, that the duty to repair is not strictly limited to areas specifically designated for pedestrian traffic.