The plaintiff attended the defendant strip mall on a summer afternoon. After parking her car, she walked towards the store she intended to attend. In order to access the store, she needed to traverse the sidewalk that ran in front of all stores in the plaza, which was raised above the roadway. The plaintiff tripped and fell over the sidewalk’s curb. She commenced an action for damages, alleging that the defendant proprietors of the plaza failed to meet the applicable standard of care with respect to the design of the curb. The defendant moved for summary judgment. Justice Copeland granted summary judgment and dismissed the action, holding that the curb appeared to be an ordinary sidewalk curb which a pedestrian could encounter in a variety of locations in the greater Toronto area. The curb did not contravene any bylaws or building standards; it was in a good state of repair; and it was clearly visible to approaching pedestrians.
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