The Respondent successfully applied before an Applications Judge for Summary Dismissal of the Applicant’s negligence claim under Rule 7.3.

The Applications Judge found no genuine issue for Trial, as the Applicant failed to establish the Respondent owed a duty of care regarding a fall on a municipal sidewalk adjacent to the Respondent’s property. The Respondent was found not to be an “occupier” under the Occupiers' Liability Act, and no common-law duty of care applied.

The Applicant later sought an extension of time to file an Appeal of the Decision of the Justice affirming the Summary Dismissal. The Court dismissed the Application, finding that the Applicant failed to demonstrate a reasonable chance of success on Appeal or explain the delay.