The defendants brought a motion for summary judgment in an occupiers' liability claim arising from the plaintiff's fall at their shopping plaza.
The court found no genuine issue for trial regarding whether the defendants breached their duty of care under the Occupiers' Liability Act.
Expert evidence indicated the curb was ordinary, in good repair, clearly visible, and complied with applicable standards.
The court concluded that the curb did not pose an unreasonable risk and that the defendants had discharged their duty.
Consequently, the defendants' motion for summary judgment was granted, and the plaintiff's action was dismissed.
Costs were awarded to the defendants on a partial indemnity basis.