The appellant occupier appealed a Small Claims Court decision awarding damages to a pizza delivery driver who slipped and fell on an unplowed path on the premises.
The trial judge found the occupier 50% liable due to inadequate lighting and signage directing visitors to the safe, plowed staircase.
On appeal, the occupier argued that inadequate lighting was not specifically pleaded and that the trial judge erred in her findings.
The Divisional Court dismissed the appeal, holding that the pleadings regarding failure to maintain safe pathways were broad enough to include lighting, the issue was raised at trial without objection, and there was ample evidence to support the trial judge's findings on breach of duty and causation.
