The plaintiff fractured her ankle while disembarking from the defendant's bus on a winter day.
The defendant brought a motion for summary judgment, arguing it met the requisite standard of care under the Occupiers' Liability Act.
The court dismissed the motion, finding that the evidence regarding the condition of the stairs and the reasonableness of the defendant's cleaning policy was inconclusive.
The court held that a jury is the appropriate body to assess the common sense question of whether the bus driver should have mopped the floor during winter stopovers.
