The court granted summary judgment to third party participants of a game of tug of war which resulted in amputation of the plaintiff’s arm. The plaintiff sued the owner of the campground where the game took place and its principal, claiming they were liable as occupiers and also vicariously liable for the actions of the principal’s son who obtained the rope that was used for the game. The owner and principal issued third party claims for contribution and indemnity against nine participants of the game. In granting the third parties’ motion for summary judgment, the court noted that Canadian courts have not recognized relationships between participants in a non-inherently dangerous activity as a category giving rise to a duty of care. On a proximity analysis, the court found there was insufficient proximity between the participants for a duty of care to arise.
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