The Plaintiff, Mr. Dandell, while taking a shortcut to class, walked down a steep hill, slipped, fell and broke his ankle.  As this was a common shortcut, Mr. Dandell suggested that the University should have been more careful about it and taken steps to ensure that it was in fact safe for him and others who use the shortcut.

The Plaintiff relied upon the supreme Court of Canada decision in Waldick v. Malcolm, [1991] 2 SCR 456, for the proposition that the University had to keep the premises safe, particularly routes that were known to be commonly used.

We successfully argued that the proposition was not that broad. The University had a policy in place and did in fact do a good job of keeping the sidewalks clean and safe and that the Waldick decision and the Occupiers Liability Act required that the University take reasonable steps, but not take every possible step to ensure the safety of people attending.

The Court of Appeal agreed with our contention and the appeal was dismissed.

Click here to read the Court Decision.