Plaintiff
Defendant
Facts:
Sarah Ann Rebecca Rennie, the plaintiff, slipped and fell on a grassy area outside her apartment at 535 Niagara Street, Victoria, B.C., on December 10, 2016, fracturing her right ankle. She claimed the overgrown vegetation forced her off a paved pathway, causing her to step onto wet grass, leading to her fall.
Legal Issues:
Rennie pursued claims of negligence and under the Occupiers Liability Act (OLA), arguing that the defendants failed to keep the pathway safe. The central issues were:
Arguments:
Rennie argued the encroaching vegetation made the path unsafe, forcing her onto slippery grass. The defendants contended the path, vegetation, and grass did not pose unreasonable risks and that Rennie chose a route she knew might be slippery.
Decision:
The court found no unreasonable risk from the pathway or vegetation and concluded that the defendants did not breach their duty of care. Additionally, any risks were deemed ordinary and not requiring further warning.
Outcome:
The plaintiff's claim was dismissed. The decision did not specify an award amount but allowed for submissions on costs if parties could not agree within 90 days of the judgment date.
Court
Supreme Court of British ColumbiaCase Number
S184032Practice Area
Tort lawAmount
Winner
DefendantTrial Start Date
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