The Municipality of Leamington recently successfully defended a case where the plaintiff alleged she was injured tobogganing. In De Cou v. Leamington, 2014 ONSC 6044 (S.C.J.), the plaintiff was injured while sledding down a hill in a park run by Leamington. Although the Town was aware that people used the hill, there had been no complaints about it. The plaintiff was 29 years old and had been sledding on the hill since she was 5. The Town did not maintain the park in the winter.
Justice Carey held that there was no breach of the duty of care. The plaintiff willingly assumed the risk. Justice Carey held that "Going down a snow covered hill in February on a light piece of material (be it plastic, cardboard, Styrofoam or wood) is a typical Canadian winter experience. Falling off a sled is also part of that experience." There was no causal link between the Town's failure to supervise or inspect the hill and the plaintiff's injuries. The case was dismissed.
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