How have courts found liability against a municipality in a case where a plaintiff stepped into a depression of one to one-and-a-half inches deep on a sidewalk?

In Thorimbert v. Trial (City), [1988] B.C.J. No. 2228, Cooper L.J.S.C. found liability against a municipality in a case where the plaintiff stepped into a depression of one to one-and-a-half inches deep on a sidewalk, lost his balance and fell. At page 10, the trial judge said: The question remains whether the plaintiff used reasonable care for his own safety when using the sidewalk? The depression in question was, as noted, 1 – 1½” in depth. It consisted of non-compacted earth and, according to the evidence of the plaintiff which I accept, was covered with rainwater thus obscuring its depth. I am satisfied that the plaintiff used reasonable care in stepping onto the sidewalk. He had no reason to suspect that the City would not cover the depression and thereby create a hazard.