The City of Ottawa appealed a Small Claims Court judgment finding it liable for damages after a patron verbally harassed the respondent at a City pool and the respondent's vehicle was subsequently vandalized in the parking lot.
The Divisional Court allowed the appeal, finding the deputy judge erred in law by applying a strict liability standard rather than the standard of reasonable care under the Occupiers' Liability Act.
The court also found palpable and overriding errors in the deputy judge's conclusions on foreseeability and causation, as there was no evidence that the third-party acts were highly probable consequences of the City's conduct or that the City's actions caused the harm.
