The plaintiff fell on a sewer grate hole and sued the City of Kingston for damages. The City brought a summary judgment motion, in which it relied on an expert report which concluded that the sewer grate met the applicable Ontario Provincial Standards Drawing when it was installed in 2001. Justice Rogers dismissed the motion, reasoning that the City did not lead any evidence that: (1) the sewer grate was appropriate and met standards in place as of the time of the subject fall; and (2) the sewer grate was in a proper state of repair as of the time of the subject fall.
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