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ARTICLE · 25 MAY 2016

Considerations Of Negligence And Contributory Negligence: Did The Trial Judge Get It Wrong?

Torkin Manes LLP
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Bike parks, skate board parks are all becoming more prevalent today. But what responsibility does a municipality have in bringing the attention of all risks to the users of these parks?

CanadaLitigation, Mediation & Arbitration
Torkin Manes LLP
Torkin Manes LLP
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Bike parks, skate board parks are all becoming more prevalent today. But what responsibility does a municipality have in bringing the attention of all risks to the users of these parks? Isn't there an inherent risk in using these specialized parks? Should a municipality be responsible for drawing the attention of all of the risks to the users of said parks? The Court of Appeal recently addressed these issues and resoundingly agreed with the trial judge in the 2016 Court of Appeal decision of Campbell v. The Municipal Corporation of the County of Bruce. The decision was appealed to determine whether proper consideration of the concept of negligence as defined in the Occupiers' Liability Act (hereinafter "OLA") and the issue of contributory negligence, were properly addressed by the trial judge.

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