Summary judgment was granted to a municipality and landlord but denied to a sign owner due to conflicting expert evidence on visibility.
The plaintiff, Leanne Hunt, sued the City of Toronto, Northam Realty Advisors (landlord), and Pattison Outdoor Advertising Ltd. (sign owner) after sustaining a head injury from colliding with a billboard catwalk.
The defendants brought a motion for summary judgment to dismiss the claim.
The court dismissed the motion against Pattison, finding genuine issues for trial regarding negligence in sign design and the conflicting expert evidence on visibility and conspicuity.
However, the court granted summary judgment to the City of Toronto, ruling that its officials correctly applied the building code and by-laws regarding sign permits and were not negligent in interpreting 'pedestrian walkway.' Summary judgment was also granted to Northam, as it was not an 'occupier' of the leased sign under the Occupiers' Liability Act and therefore not responsible for hazards related to the sign itself.
SCJSuperior Court of JusticeApr 11, 2016
