Category Archives: Occupier’s Liability

Slip and fall cases and other types of occupier’s liability.

Court grants summary judgment in occupier’s liability case on basis that occupier not required to sanitize environment to negate all inherent risk

In Miltenberg v. Metro Inc., 2012 ONSC 1063 (CanLII), Mr. Justice Andrew J Goodman granted the defendant’s motion for summary judgment and dismissed an action based on breach of obligations under the Occupiers Liability Act. In doing so, he made … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

Judge Applies “But For” in Slip and Fall Case

In Cartner v. Burlington (City), a recent slip and fall action, Mr. Justice Michael Quigley found for the plaintiffs. In doing so, he applied the “but for” test of causation that was endorsed by the Supreme COurt of Canada in … Continue reading

Posted in Municipalities, Occupier's Liability, Tort News | 1 Comment

Court Refuses Summary Judgment in “Social Host” Claim

In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman … Continue reading

Posted in Occupier's Liability, Social and Commercial Host Liability, Tort News | Leave a comment

C.A. Upholds Jury’s Dismissal of Slip and Fall Action

In Kerr v. Loblaws Inc., the Ontario Court of Appeal was asked to set aside a jury’s dismissal of a claim for personal injury damages. The plaintiff had slipped on a single grape at a Zehr’s store operated by Loblaws. … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced

Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading

Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege | Leave a comment

Homeowners Not Liable for Slip and Fall on Adjacent City Sidewalk

 Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the … Continue reading

Posted in Occupier's Liability, Practice and Procedure, Tort News | Leave a comment

C.A. Finds Trial Judge Set Causation Bar Too High in Slip and Fall Case

This afternoon, the Court of Appeal released its decision in Kamin v. Kawartha Dairy Limited. This was an occupier’s liability case that had been decided by Madam Justice Sarah Pepall in March, 2004. You can read the trial decision here. … Continue reading

Posted in Occupier's Liability | Leave a comment

Slip and Fall Plaintiff 1/3 at Fault for Not Watching Where She Was Going

An Ontario Superior Court judge has found a plaintiff one third contributorily negligent for failing to observe the curb on which she tripped and fell, even though it was in plain sight. In Henhawk v. Brantford (City), Justice David S. … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

C.A. Confirms that Occupiers Are Not Insurers

In Doyle v. Petrolia, released a few minutes ago, the Court of Appeal has reaffirmed the principle, that occupiers of property are not insurers. The Occupier’s Liability Act does not require that occupiers of property guard against every possible risk, … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment

Slip and Fall Claim Dismissed on Causation Basis

A recent occupier’s liability case resulted in a ruling in favour of the defence. The case was a fairly garden-variety parking lot slip and fall. What is interesting is that although the trial judge (Madam Justice Sarah Pepall) found that … Continue reading

Posted in Occupier's Liability, Tort News | Leave a comment