In 2019 and 2020, our municipal litigation team successfully
defended the City of Lethbridge against an Occupiers'
Liability Act claim – and a subsequent appeal – by
relying on provisions within the Municipal Government Act
(MGA).
In Ellis v City of Lethbridge, 2019 ABPC 276, the City
was sued after the plaintiff tripped over a sunken sprinkler head
and injured her ankle in the beer garden at a 2017 dragon boat
festival. The festival was held at a City park that contains up to
an estimated 2,000 sprinkler heads. These sprinklers are designed
to allow for some movement into the ground for safety.
Although the presence of the sunken sprinkler head in the beer
garden caused the trial judge to find that the city had breached
the Occupiers' Liability Act, the municipality was
found not liable under s. 530 of the MGA. The fact that
the City employed a system of inspection and maintenance motivated
by budgetary concerns and policy decisions qualified it for
protection
