November 25, 2022
At our weekly Friday meeting, Nasra Esak discussed a recent Ontario Superior Court decision granting a summary judgement brought by the defendant in Strilchuck v. Tecumseh (Town of), 2022 ONSC 5841. Overview Justice King granted a summary judgement brought by the Town (the defendant) to dismiss a trip and fall personal injury action on the basis […]
July 21, 2022
By J. Nicholas Fernandes Overview The Occupiers’ Liability Act places a positive duty on occupiers to take such care as is reasonable in the circumstances to ensure that persons entering upon their premises are reasonably safe when doing so. The duty of care in each case is fact specific and takes into consideration, amongst other things, […]
May 30, 2022
The decision in Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, involves a slip and fall accident in the parking lot of an apartment building. The plaintiff is a tenant of the building. The defendant landlords relied on a waiver clause in the tenancy agreement. The waiver indicated that the landlord shall not be liable […]
May 09, 2022
In Martin v. AGO et al, 2022 ONSC 1923, the plaintiff, a lawyer, attended at the Hamilton courthouse and slipped on a small amount of water. It was raining on the day of the accident, and the water on the floor came from a wet umbrella of a visitor to the courthouse. A day porter […]
April 22, 2022
At our weekly meeting, Annie Levanaj discussed the recent decision of the Ontario Superior Court in Musa v. Carleton Condominium Corporation No. 255 et al., 2022 ONSC 1030. Overview This case involved slip and fall accident that occurred on the morning of December 5, 2016 at 9:30 am. The plaintiff, Mr. Musa, fell on a […]
January 18, 2022
In Branton et al v. 2008422 Ontario Ltd. c.o.b. as Euro-Ex, 2021 ONSC 7548, the defendant brought a summary judgment motion in an occupiers’ liability claim. The plaintiffs brought a cross-motion seeking a finding of liability against the defendant. The defendant was engaged in road construction work on the street where the plaintiffs lived. At the time […]
