The Ontario Court of Appeal has upheld the judgement in Herbert v. The City of Brantford.
The Ontario Court of Appeal decision can be found at http://www.ontariocourts.on.ca/decisions/2012/2012ONCA0098.pdf
Mr. Herbert was injured when he lost control of his bicylce on a pathway owned by the City of Brantford. The pathway was poorly maintained and constructed and the Trial Judge found the City 40% liable for Mr. Herbert’s catastrophic injuries and for the mulit-million dollars in damages that flowed therefrom due to their disregard for Mr. Herbert’s safety. The City appealed.
The trial decision can be found at http://www.hooperlaw.ca/files/Judgment-Muir_v_City_of_Brantford.pdf.
Lawrence Hatfield at Flaherty Sloan Hatfield represented Mr. Herbert from the outset of the claim through trial.