David Turner sued the Town of Oakville under the Occupiers' Liability Act after falling off his bicycle on a recreational trail, claiming the Town acted with reckless disregard.
The parties settled damages, leaving liability as the sole issue for trial.
The Town argued no reckless disregard or causation, and alternatively, contributory negligence.
The court found that the plaintiff's choice to go around a control gate, rather than through it, and his failure to observe the trail ahead, contributed to the accident.
The court concluded that the Town's actions, including trail design, regular inspections, and maintenance, did not amount to reckless disregard for user safety, despite the absence of a specific "steep slope" sign before the incident.
The action was dismissed.
