The appellant's employee drove a crop sprayer across a private bridge on the respondent's farm.
The bridge collapsed because the outer three feet on either side were unsupported by steel beams, a hidden danger of which the driver was not warned.
The trial judge dismissed the action, finding the driver's failure to stay centered caused the accident and the lack of warning was not a factual or legal cause.
The Court of Appeal allowed the appeal, holding that the trial judge erred by conflating causation with the standard of care and by defining the duty to warn too narrowly.
The respondent breached its duty under s. 3(1) of the Occupiers' Liability Act by failing to warn of the hidden danger, which was both a factual and reasonably foreseeable legal cause of the accident.
