Background: In the summer of 2015, Aaron Gelowitz was seriously injured after making a shallow dive into Williamson Lake from land not owned by the City of Revelstoke. He accessed the lake from a park owned by the City but dove from the opposite side, owned by a third party. The trial judge found the City 35% liable for negligence and Gelowitz 65% contributorily negligent for failing to provide adequate warnings about diving risks.

Legal Arguments/Issues: The City of Revelstoke argued it did not owe a duty of care to Gelowitz since the accident occurred on land it neither owned nor controlled. They contended the trial judge erred in finding both factual and legal causation and misapplied the Anns/Cooper framework. Gelowitz argued the City had a responsibility to warn park users of known risks, including the dangers of diving into the lake.

Held: The Court of Appeal dismissed the City's appeal, upholding the trial judge’s decision. The court confirmed the City owed a duty of care based on the proximity and foreseeability of harm to park users. It determined the City’s failure to post adequate "No diving" signs and warn of underwater hazards contributed to Gelowitz’s injury. The court found no error in the trial judge’s findings of factual and legal causation.

Costs/Damages Awarded: The document did not specify the total amount of costs or damages awarded in favor of the successful party.