What is the effect of contributory negligence on a plaintiff who, as a result of a slip and fall, deliberately walks across dangerous ice?
Ontario, Canada
The following excerpt is from Litwinenko v. Beaver Lumber Company, 2006 CanLII 28740 (ON SC):
Now, I am aware that in the case of Waldick v. Malcolm (1991) 1991 CanLII 71 (SCC), 83 D.L.R. (4th) 114 the trial judge declined to visit contributory negligence upon a person who, not once, but three times, risked life and limb by voluntarily walking across obviously dangerous ice and that this finding was not upset at the appellate levels.
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