What is the test for establishing that a curb is not reasonably safe?
British Columbia, Canada
The following excerpt is from Nerland v. Toronto-Dominion Bank, 2016 BCSC 45 (CanLII):
Counsel for the defendant also relies on Cahoon v. Wendy’s Restaurant, 2000 BCSC 629. The plaintiff tripped when he stepped off a curb. He pursued an action under the OLA and relied on the defendant’s subsequent remedial measures of repainting lines to indicate the edges of the curb in the area where the plaintiff fell to establish the area was not reasonably safe. Mr. Justice Burnyeat observed:
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