Campbell v. Bruce (County)Posted March 13, 2017
2016 ONCA 371 (CanLII); Lerners acted for the plaintiffs in respect of a catastrophic injury sustained at the Bruce Peninsula Mountain Bike Adventure Park. The plaintiffs successfully obtained judgment against the County, which operated the Park, at trial. Lerners also successfully represented the plaintiffs in response to the County’s appeal. The Court of Appeal dismissed the appeal, holding that the trial judge had not erred in the Occupiers’ Liability Act analysis, including the conclusion that there was no contributory negligence. The County’s application for leave to appeal to the Supreme Court of Canada was also dismissed.