The appellant property owner appealed a Small Claims Court judgment finding it liable for injuries sustained by the respondent pedestrian who tripped over a double asphalt curb in a poorly lit parking lot.
The appellant argued the respondent was a trespasser who willingly assumed the risks of crossing the lot.
The Divisional Court dismissed the appeal, finding the trial judge made no palpable and overriding error in concluding that a single sign restricting unauthorized vehicles did not effectively bar pedestrians, and that the respondent had not willingly assumed the risks under the Occupiers' Liability Act.
