Is there a duty to warn in the circumstances?
Ontario, Canada
The following excerpt is from Walker v. City of Burlington et al, 2012 ONSC 2565 (CanLII):
Fifth, I do not find that there was a duty to warn in the circumstances. An occupier has a duty to warn regarding unusual dangers (see Stewart v. Routhier, 1974 CanLII 144 (SCC), [1975] 1 S.C.R. 566). However, in this case the danger was not unusual, it was unprecedented. (iii) Causation
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