Summary judgment granted dismissing a slip and fall action against an adjacent property owner where the fall occurred on a municipal road.
The plaintiff initiated an action against Toronto Community Housing Corporation (TCHC) for damages resulting from a slip and fall on January 3, 2011.
TCHC brought a motion for summary judgment, arguing that the plaintiff's injuries occurred on a road owned and maintained by the City of Toronto, thus precluding TCHC's liability.
The court granted summary judgment, dismissing the action against TCHC, finding no genuine issue requiring a trial.
The uncontradicted evidence showed the fall occurred on municipal property, and there was no evidence TCHC had assumed maintenance responsibilities or contributed to the incident.
Costs were awarded to TCHC.
SCJSuperior Court of JusticeAug 22, 2018