The plaintiff was injured at a park when a cormorant struck overhead hydro wires and fell on her head.
She sued the city and the hydro company for negligence.
The court ruled the plaintiff's expert evidence inadmissible as it failed the Mohan criteria.
The court held that under the Occupiers' Liability Act, the plaintiff was deemed to have willingly assumed the risks of entering the utility corridor for recreational purposes.
The court found that the hydro company did not act with reckless disregard and dismissed the action against it.
