Occupiers’ Liability – Rogers Partners LLP

Recreational Risks and Legal Boundaries: The Scope of Occupiers’ Liability

rpllpadmin — Wed, 22 Oct 2025 18:14:27 +0000

By Jordan Petruska In Hudson v. Drain, 2025 ONSC 5396, the Ontario Superior Court of Justice addressed the complex interplay between common law negligence and the Occupiers’ Liability Act, R.S.O. 1990, c. O.2 (“the Act”), in the context of a recreational injury on rural property. This case arose from a serious fall suffered by the […]

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Trial Decision Addresses Occupiers’ and Winter Maintenance Contractors’ Obligations in Ensuring Outdoor Pedestrian Safety

rpllpadmin — Wed, 25 Jun 2025 22:42:04 +0000

By Jordan Petruska In Sprowl v. First Capital, 2025 ONSC 3628, trial proceeded in an action arising from a slip-and-fall incident involving an 81-year-old woman, who slipped on an icy patch in the parking lot of a plaza in Waterloo. The accident occurred on January 12, 2020, and the plaintiff sustained a serious hip injury […]

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Watch Your Step! Suing the Landlord for Slip & Fall May Not Always Fly

rpllpadmin — Wed, 12 Feb 2025 23:40:29 +0000

By Farid Mahdi The Supreme Court of Canada, in Marguerite Crete v. Ottawa Community Housing Corporation,[1] has denied leave to plaintiffs seeking to appeal from the Court of Appeal for Ontario’s finding which confirmed that landlords in Ontario are not liable for slip and fall injuries on ice in areas used exclusively by the individual […]

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Landlord Not Responsible for Slippery Sidewalk

rpllpadmin — Wed, 16 Oct 2024 18:15:29 +0000

By Farid Mahdi In the recent decision of Burley v. City of Ottawa et. al. (“Burley”),[1] the Ontario Superior Court of Justice reaffirmed that the defendant building owners did not owe their plaintiff tenant a common law duty to maintain the municipal sidewalk adjacent to their property, that they were not occupiers of the municipal […]

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Liability of Landlords for Dog Bites Occurring on Their Premises

rpllpadmin — Wed, 22 May 2024 15:47:13 +0000

By Erin Crochetière The Court of Appeal for Ontario recently considered the liability of landlords for dog bites occurring on premises they own, in the case of Walpole v. Crisol, 2024 ONCA 400. The appellants, the Walpole family, were visiting the home of the defendants, Tammy Brush and Larry Ostertag, when their six-year-old daughter was bitten […]

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Landlord Not Liable when Tenant’s Dog Attacks

rpllpadmin — Wed, 30 Aug 2023 20:41:21 +0000

By Riley Groskopf The Ontario Superior Court of Justice recently released its decision on a summary judgement motion in Walpole v. Brush, 2023 ONSC 4869. The decision addresses the liability of a landlord for a dog bite on its premises, when the premises has been rented out to tenants. Facts The plaintiffs were visiting the […]

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Fridays with Rogers Partners

rpllpadmin — Fri, 25 Nov 2022 23:46:00 +0000

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 […]

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Mind Your Step

rpllpadmin — Thu, 21 Jul 2022 22:22:48 +0000

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, […]

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Landlord Not Permitted to Rely on Waiver Clause in Residential Lease

rpllpadmin — Mon, 30 May 2022 13:24:35 +0000

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 […]

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Claim Arising From Slip and Fall at Courthouse Dismissed

rpllpadmin — Mon, 09 May 2022 23:00:10 +0000

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 […]

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