The appellant municipality appealed a trial judgment finding it grossly negligent for failing to maintain its sidewalks, which resulted in the respondent slipping, falling, and suffering injuries.
The trial judge based this finding on the municipality's failure to consider weather conditions, lack of guidance in its sidewalk maintenance policy, inefficient route configuration, and the operator's failure to adapt to weather conditions or differentiate between priority sidewalks.
The Court of Appeal found no palpable and overriding error in the trial judge's application of the legal test and dismissed the appeal.
