In the McAllister v. Calgary (City),
2018 ABQB 480 Madame Justice Kubik of the
Court of Queen's Bench found the City of Calgary liable under
the Occupiers Liability Act for injuries suffered by the
Plaintiff Kyle McAllister when he was assaulted by strangers in the
+15 walkway that connects Canyon Meadows C-Train station to the
station parkade.
Canyon Meadows C-Train station was built in 2001. It is a center
loading platform without any grade level access. Access to the
C-Train station is by way of the +15 walkway. At approximately 1:30
a.m. on Sunday, January 1, 2007 the Plaintiff arrived in his car at
the parkade to meet someone at the station. He and a friend entered
the +15 on their way to the station. There the Plaintiff was,
without provocation, assaulted by a number of individuals who were
unknown to him. The assault lasted approximately 20 minutes and
left the Plaintiff seriously injured. The Plaintiff sued the City
claiming it was liable for breaching the
