Law360 Canada ( July 25, 2018, 8:29 AM EDT) -- Action by the plaintiff, Kyle McAllister, for a finding of liability by the defendant, City of Calgary, for injuries suffered in an assault in a Plus 15 connecting a parkade to a light rail transit (LRT) station. McAllister alleged that the City was an occupier of the premises in question and as such owed him the duty of care under s. 5 of the Occupiers’ Liability Act to ensure he was reasonably safe in his use of the premises. The City argued that it was not an occupier of the Plus 15. It argued that the Plus 15 was a highway or recreational trail exempt from the application of the Act. It also argued that it could not exert the level of control over the Plus 15 required to give it occupier status under the Act. The City claimed that the Plus 15 was not only a conduit from the parkade to the station itself, but also allowed for the passage of pedestrian traffic between two neighbourhoods. In the alternative, the City argued that if it was an occupier, giving rise to the statutory duty of care, McAllister failed to prove the standard of care of a municipal transit service in 2006 with respect to the issues of lighting, cameras, sufficiency of peace officers and other personnel, and the reasonableness and efficacy of a trespass ban or special events policy. Finally, the City argued that there was no causal connection between any breach that might have occurred and McAllister’s injuries....