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 the defendant did not have an adequate maintenance system in place, she went on to rule that the plaintiff had not established that the condition of the defendant’s parking lot had caused the injury. So, because the plaintiff (who was represented by A.M. Kwinter, of Mazza v. Hamilton Township Mutual Insurance Co. fame) was unable to link her injuries to the defendant’s negligence, the action was dismissed. (decision attached)