Background and Claims:
Juliet Helen Winkelman, the plaintiff, tripped and fell at the Munday Creek townhouse complex where she lived. She alleged that The Owners, Strata Plan LMS3096 (the defendant) failed to maintain a safe environment under the Occupiers Liability Act, RSBC 1996, c. 337. The defendant denied liability, arguing that Winkelman failed to exercise caution and was responsible for her own accident.

Legal Issues and Court’s Decisions:

1. Causation: Did Winkelman trip over the identified hazard (a 3.5-inch lip) or was the fall caused by something else?

   • Decision: The court found that the evidence did not establish, on a balance of probabilities, that the lip caused the fall. Her body position after the fall was inconsistent with her account, and her recollection had changed over time.

2. Negligence: Did the Strata fail in its duty of care by not addressing a known hazard?

   • Decision: The court ruled that even if Winkelman had tripped on the lip, the Strata was not negligent, as the hazard was minor and avoidable with reasonable awareness.

3. Contributory Negligence: If the Strata was liable, should Winkelman bear part of the responsibility?

   • Decision: The court stated that had liability been found, Winkelman would have been significantly responsible for her own fall.

Costs Awarded:
The court awarded costs to the defendant on Scale B (standard litigation costs).