I find the snow and ice on the driveway were quite obvious to the plaintiff and he had knowledge of its slippery and dangerous condition before entering upon it and most certainly as he walked along it going to the house. The danger was not hidden nor was it a trap. The defendant and his wife as occupiers were under no obligation to the plaintiff as a licensee to make the driveway safe for him to pass along. As a licensee he took the driveway as he found it, whether it was dangerous or not, and, as Culliton J.A. said in Taylor v. University of Saskatchewan et al., supra [p. 149], “subject only to the duty of the defendant to warn him of any concealed or hidden danger or trap of which the defendant was aware”. The evidence does not establish that either defendant was aware of any concealed or hidden danger or trap. The assessment of damages
"The most advanced legal research software ever built."
The above passage should not be considered legal advice. Reliable answers to complex legal questions require comprehensive research memos. To learn more visit www.alexi.com.