One civil lawsuit against Ottawa’s Calypso waterpark has been dismissed after an Ontario Superior Court judge ruled the park met all its responsibilities under provincial law.
According to a CBC News report, judge Robert Beaudoin ruled Calypso waterpark was not negligent when the patron slipped and broke her elbow while entering one of the park’s rides in 2010.
“The judge found the patron failed to prove she slipped as a result of any negligent act or omission by Calypso. In fact, as admitted by the patron’s husband, she slipped on ‘nothing,’” the park said in a press release.
The press release further stated: “As required under the provincial Occupier’s Liability Act, the park took reasonable care to see that other patrons were reasonably safe while on the premises.”
The patron was seeking $750,000 in damages, while her husband was suing for an additional $75,000.
The waterpark, which opened in 2010, has faced a series of legal challenges of late. After already facing at least three other civil lawsuits, the park had nine of 20 Technical Standards and Safety Act (TSSA) charges dropped earlier this year; however, it was found guilty on six of the 11 remaining incidents, which date back to 2011 and 2012. The waterpark will face sentencing in June.
