LIABILITIES OF MUNICIPALITY - Occupiers’ liability - Duty of care - Safety

Law360 Canada (January 28, 2021, 6:17 AM EST) -- Appeal by the plaintiffs from the dismissal of their action for damages arising from Onley’s electrocution. In 2012, the then 18-year-old Onley was electrocuted near a light pole beside a soccer field owned by the respondent Town. She collapsed and was treated in hospital. The damage to the light pole was caused by a lightning strike, which damaged wires inside the light pole causing electricity to leak into the ground. The resulting stray current caused Onley’s electrocution. The respondent had a safety agreement with the Electrical Safety Authority that provided for annual inspections. The respondent’s expert testified at trial that pen testing would not be an effective or practical strategy to determine the presence of stray current because it did not differentiate between whether the electric field was from normal wires powering lights or from electric current leaking from those wires. The trial judge found the respondent had met its standard of care....
LexisNexis® Research Solutions

Related Sections