Law360 Canada ( August 3, 2022, 7:13 AM EDT) -- Appeal by the defendant Province of New Brunswick from the disposition of the plaintiff Van Malsen’s motion for summary judgment. In the morning of December 8, 2010, Van Malsen attended at the Sunbury West School. She parked her vehicle and had no difficulty walking to the school’s entrance. A light snow fell while Van Malsen was inside the school. The amount of precipitation was not sufficient to require plowing. When Van Malsen left the school and was walking to her vehicle, she slipped and fractured her ankle. The winter maintenance of the school’s parking lot and entrance area was contracted to a third party, Garry Brooks Construction. Brooks’ evidence disclosed that the property had been sanded and salted that morning in the usual fashion. However, there was conflicting evidence from school representatives and at least one other witness which disputed the adequacy of the sanding/salting at the time Van Malsen fell. The Province, in its Statement of Defence, pleaded contributory negligence against Van Malsen. The Province alleged that the fall was entirely the result of her own negligence. Van Malsen filed her motion, seeking summary judgment against the Province. The judge granted summary judgment in liability against the Province for the tort of negligence and ordered a mini-trial with regards to the Province’s allegation that Van Malsen was contributorily negligent....