by Laura Emmett | Jun 10, 2019 | Occupiers’ Liability
The Ontario Court of Appeal recently weighed in on the Occupiers’ Liability Act and the appropriate evidence admissible on a motion for summary judgment motion. In Drummond v. The Cadillac Fairview Corporation Limited, the Plaintiff attended Fairview Mall with his...
by Fiona Brown | May 21, 2019 | Occupiers’ Liability
On December 31, 2013, the plaintiff, Kathryn Owens, had a slip and fall outside the Blue Canoe Waterfront Restaurant (the “Restaurant”), in Stevenson, BC, while walking on the boardwalk adjacent to its entrance. She shattered her right patella in the fall. The...
by Shalini Thomas | Apr 10, 2019 | Occupiers’ Liability
While at the Bramalea City Centre Mall with her mom and siblings, the plaintiff (a minor) fell backwards on an upward moving escalator. Unfortunately, her left hand got stuck in the step-to-skirt gap of the escalator resulting in a severing of her left index finger....
by Laura Emmett | Jan 20, 2019 | Occupiers’ Liability
The Plaintiff suffered injuries after tripping on a speed bump in a parking lot owned by the Defendant. While the parties agreed to damages, the matter proceeded to trial on the issue of liability. The Court considered whether the Defendant breached its duty of care...
by Fiona Brown | Jan 10, 2019 | Occupiers’ Liability
This case involves an accident at QK Fitness (“QK”) when the plaintiff, Fatemeh Hosseinkhani (the “plaintiff”), tripped and fell on a dumbbell during a gym class. She sued QK for negligence. QK successfully brought a motion for summary judgment to dismiss the...
by Shalini Thomas | Nov 8, 2018 | Occupiers’ Liability
The Defendant, Ceeps-Barneys Limited (“the Ceeps”), is a popular pub / sports bar beloved by students of Western University (past and present). In this matter, the Ceeps brought a motion for summary judgment for a dismissal of the plaintiffs’ action against it, as...
