The plaintiffs sued the City of Greater Sudbury for injuries sustained by Linda Franklin after she fell on an icy, snow-covered parking lot in Delki Dozzi Park.
The court determined that the lesser duty of care under section 4 of the Occupiers' Liability Act did not apply, as the plaintiff was not using a marked recreational trail or venturing off it in the course of such use.
Applying the general duty of care under section 3(1), the court found the City negligent for failing to maintain the parking lot, post warnings, or block access, given the foreseeable public use of other park areas accessible via the lot.
However, the plaintiff was found contributorily negligent for failing to exercise caution given the weather conditions.
Liability was apportioned 60% to the City and 40% to the plaintiff.
The court denied the plaintiff's claim for loss of income due to early retirement, finding she failed to mitigate damages as her injuries did not prevent her from working.
