Summary
37141
Municipal Corporation of the County of Bruce v. Stephen Campbell, et al.
(Ontario) (Civil) (By Leave)
Keywords
None.
Summary
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Torts – Duty of care – Contributory negligence – Municipalities – Occupiers’ liability – Whether Crocker v. Sundance Northwest Resorts Ltd. [1988] 1 SCR 1186, is still good law – Whether the courts below erred: 1) in imposing an incorrect and overly onerous duty of care; 2) in assessing inherent risk; 3) in the analysis on standard of care; 4) in the analysis on causation and; 5) in assessing contributory negligence – Occupiers’ Liability Act, R.S.O. 1990, c. O.2., s. 3.
The Municipal Corporation of the County of Bruce constructed a public park for people to ride on various trails and obstacles with their mountain bikes. In the presence of his family, Stephen Campbell fell while attempting to cross a constructed obstacle near the entrance of the park. He fractured his C6 vertebrae and was rendered quadriplegic. The Campbells brought an action against the municipality. The sole issue to be decided by the Ontario Superior Court of Justice was that of liability, and whether the municipality had breached its duty of care under the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“OLA”). The issue of damages was resolved on consent between the parties.
The Ontario Superior Court of Justice found the municipality liable for Mr. Campbell’s injury on the basis that it breached its duty of care owed to Mr. Campbell to ensure he was reasonably safe while in the park. The trial judge also found that Mr. Campbell was not contributorily negligent with respect to the accident. The Ontario Court of Appeal dismissed the municipality’s appeal, finding the trial judge had made no reviewable errors.
Lower Court Rulings
Ontario Superior Court of Justice
62393, 2015 ONSC 230
Court of Appeal for Ontario
C59966, 2016 ONCA 371
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