The moving defendants sought summary judgment dismissing a slip and fall action and a municipal cross‑claim arising from an alleged fall on a driveway apron located within a municipal road allowance.
The plaintiff alleged she slipped on ice or snow on the apron crossing a residential driveway.
The homeowners argued they were not occupiers of the municipally owned land and owed no duty of care.
The court held that evidence that the homeowners installed and actively maintained the driveway and treated the apron as an extension of their property could constitute “special circumstances” establishing occupier status under the Occupiers' Liability Act.
Because a full appreciation of the evidence and the novel legal questions regarding driveway apron liability required a full trial record, the summary judgment motion was dismissed.
