Kinesiology 4459A/B Lecture Notes - Lecture 7: Citadel High School, Duct Tape, Liability Insurance
Document Summary
The case involved tape on the floor of a gymnasium something we see all the time. Tape is very often used to mark off gym floors for all kinds of purposes such as to indicate the outline of a particular court or placement of equipment. And typically, the tape is left in place for future use. Gym in halifax attached to citadel high school. During day, duct tape used for badminton court boundaries; in evening, someone playing badminton caught shoe on tap and tore meniscus. Municipality responsible for cleaning it and knew tape was there. Municipality clearly owed a duty of care to participant to ensure she was reasonably safe. Court quoted a prior ontario case (tennis court) The municipality in providing facilities for the playing of tennis must ensure that such facilities can be used in safety for that purpose. Tennis is an activity which requires physical exertion on the part of the participants.