The plaintiff was injured while taking a shortcut between two commercial properties, when she tripped over a curb/retaining wall dividing the properties. She sustained fractures in her foot and ankle. The defendants brought a summary judgment motion seeking dismissal of the action on the basis that they met the applicable requirements under the Occupiers’ Liability Act. Justice Black granted the motion and dismissed the plaintiff’s action. He found there was no evidence that persons were “invited” to cross over the barrier, and noted that a municipal sidewalk was only 10 metres away. Neither defendant had a duty to clean stones and debris from the top of the barrier to make it safer for pedestrians because it was clearly not intended for pedestrian passage.
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