Law360 Canada ( April 9, 2025, 2:12 PM EDT) -- Appeal by Saloojee from trial judge’s dismissal of his claim against Town of Gibsons (Gibsons). Saloojee was seriously injured by a falling tree in Gibsons’ park while he and friends were engaging in prohibited activities off the maintained trails. Saloojee sued Gibsons under the Occupiers Liability Act (OLA), alleging breach of the duty of care to ensure his reasonable safety in the park. The trial judge dismissed the claim, finding that the statutory duty of care set out in s. 3(1) of the OLA required Gibsons to take the care that was reasonable in the circumstances to ensure that a person using the park would be reasonably safe in doing so. The trial judge found that the Wildlife Danger Tree Assessor's Course WDTAC Standard, which established procedures for assessing and managing risks posed by trees in parks, was the applicable standard of care in this case and as such, Gibsons had not breached that standard of care. The primary issue at the hearing of the appeal was whether the trial judge erred in her identification of the applicable standard of care. Saloojee argued that the trial judge’s analysis of the standard of care was incomplete because she only considered whether Gibsons had complied with the WDTAC Standard and, having found that it did, concluded that there was no breach of s. 3(1) of OLA....