In the video below, Litigation Partner Nabeel Peermohamed and Litigation Associate Drew Wilson discuss how the statutory defences under the Municipal Government Act serve to defend municipalities from liability under the Occupiers’ Liability Act.

In Ellis v Lethbridge, Drew successfully defended the City of Lethbridge in a matter where the plaintiff fractured her ankle after tripping over a sunken sprinkler head during an event hosted by the City at one of its parks.

In Pulkinen v Crowsnest Pass, Nabeel successfully defended the municipality against a claim for property damage where the plaintiffs argued the flood damage to their home after a rainstorm was caused by an alleged sunken curb the municipality previously chose not to repair.

After reviewing how they successfully defended their clients, Nabeel and Drew suggest proactive measures municipalities can take to set up defences to potential litigation.