B.C.’s highest court has ruled in favour of a woman who sued the City of Salmon Arm after tripping over a broken street sign five years ago.
Cindy Binette suffered undisclosed injuries on March 16, 2013, after tripping over the base of a damaged sign near the corner of Second Street and Fifth Avenue in downtown Salmon Arm.
Last year, following a hearing in Kelowna, a B.C. Supreme Court judge weighed the evidence and allowed Binette’s liability claim to proceed to trial.
RELATED: City target of lawsuit over broken street sign
The City of Salmon Arm appealed that decision — alleging the judge made “errors” — and both parties appeared in Kamloops for a hearing in front of a three-judge B.C. Court of Appeal panel in March.
In a decision handed down on Friday in Vancouver, the Court of Appeal dismissed the city’s appeal, ruling the findings of fact made by the lower-court judge were available to him based on the evidence.
A trial date has yet to be set.
Tim Petruk/Kamloops This Week
