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Municipality and contractor liable for pedestrian's trip and fall on unramped milled road edge.
The plaintiff tripped and fell on a 50 mm milled asphalt edge while crossing a road under construction at night, sustaining a broken arm.
She sued the municipality under the Municipal Act and the paving contractor under the Occupiers' Liability Act.
The court found that the defendants breached their respective duties by failing to install a temporary ramp at the pedestrian crossing, which constituted an unreasonable hazard.
However, the plaintiff was found 35% contributorily negligent for failing to keep a proper lookout in a known construction zone.
The defendants were held jointly and severally liable for 65% of the agreed damages.
Expenses award of $5,000 to insurer upheld as applicant's success on appeal was minor.
The applicant sought to amend a $5,000 expenses award in favour of the insurer following an appeal of an arbitration decision regarding statutory accident benefits.
The Director's Delegate found that the applicant's success on appeal was minor compared to the total claim, and the insurer's success on a cross-appeal regarding interest rates balanced out the applicant's gains.
The original $5,000 expenses award to the insurer was upheld.
