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ARTICLE · 14 JUNE 2018

Municipality Slides Away From Liability... Again

Borden Ladner Gervais LLP
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In the recent decision of Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal upheld the trial judge's decision confirming that the standard of care of an occupier pursuant to s. 3...

CanadaLitigation, Mediation & Arbitration
Jonathan Thoburn
Jonathan Thoburn
George Wray
George Wray
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In the recent decision of Martin v. Barrie (City), 2018 ONCA 499, the Court of Appeal upheld the trial judge's decision confirming that the standard of care of an occupier pursuant to s. 3 of the Occupiers' Liability Act, 1990 is not one of perfection.

In February 2011, the plaintiff, Ms. Martin, attended the Winterfest and Festival of Ice (the "Festival") hosted annually by the City of Barrie (the "City"). While at the Festival, Ms. Martin and her two children decided to go down a snow slide which was specifically built for the Festival. The slide was designed for guests (children and adults) to go down feet first, on their bottoms. After watching her two children safely navigate the slide, it was Ms. Martin's turn. As she proceeded down the slide, Ms. Martin became worried that she would strike a safety fence located at the base of the slide, and so dug her heels into the slide to slow herself down. In doing so, she struck a hardened piece of ice protruding from

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