The appellant, a 16-year-old, was rendered paraplegic after falling from a tree in a municipal park.
The trial judge dismissed the action, finding the municipality's monitoring of the park was reasonable and the danger of falling from a tree was obvious.
The Court of Appeal upheld the decision, confirming there is no duty to warn of such an obvious and self-evident danger.
The Court also dismissed the appeal regarding costs awarded against the Family Law Act claimants, finding no error in principle in the trial judge's discretion.
