COURT OF APPEAL FOR ONTARIO

CITATION: Browne v. Richmond Hill (Town), 2007 ONCA 584

DATE: 20070829

DOCKET: C46531

SHARPE, CRONK and LANG JJ.A.

BETWEEN:

SEAN BROWNE

Plaintiff (Appellant)

and

THE CORPORATION OF THE TOWN OF RICHMOND HILL and DUFFERIN CONSTRUCTION COMPANY

Defendants (Respondent)

Mark A. Klaiman for the appellant

Martin P. Forget for the respondent

Heard and released orally: August 27, 2007

On appeal from the judgement of Justice John S. Poupore of the Superior Court of Justice dated September 5, 2006.

APPEAL BOOK ENDORSEMENT

[1] We see no error on the part of the motion judge. The evidence supports his findings that the appellant willingly assumed the risk of driving on a closed road thereby triggering s. 4(1) of the Occupier’s Liability Act. There was no evidence of fault on the part of the occupier to trigger the exception.

[2] Accordingly, the appeal is dismissed. In accordance with the agreement of counsel, costs fixed at $10,000, inclusive of G.S.T. and disbursements.