Plaintiff failed to prove the occupier breached its duty because the school provided a reasonably lit and maintained alternate path a few metres from the unlit shortcut the plaintiff chose, the shortcut was not a known high‑traffic route and the defendant's inspection and repair practices were reasonable in the circumstances; on that basis the claim was dismissed.
The appeal was dismissed because the evidentiary record supported the jury’s finding that the respondents took reasonable care and the required high threshold for setting aside a jury verdict was not met; appellate court will not substitute its assessment of credibility for the jury’s.
Court found Allterrain maintained a reasonable and adequate system of repeated plowing and salting at the Halifax Shopping Centre, and the evidence did not establish the defendants failed to meet the statutory standard of care; therefore plaintiff's claim dismissed.
On summary trial, the court found the bakery occupiers liable for failing to maintain an effective warning sign, but reduced damages for significant contributory negligence.
The court dismissed the defendants’ applications to sever liability from damages and for summary trial, citing unresolved liability issues and credibility conflicts.