Aminzada v. Wal-Mart Canada Corp.

Aminzada v. Wal-Mart Canada Corp.

The motion judge correctly found on the record that McDonald's met the standard of care in addressing the spill and reasonably declined to draw an adverse inference from the missing affidavit; those findings disposed of the claim and justified dismissal on summary judgment, and the Court of Appeal dismissed the appeal.

Source-derived case information.

Citation
2018 ONCA 269
Parties
Plaintiff (appellant): Nasima Aminzada; Defendant (respondent): Wal-Mart Canada Corp.; Defendant (respondent): McDonald's Restaurants of Canada Limited
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
22 March 2018
Procedural Posture
Civil Negligence (slip and Fall) / Appeal From Summary Judgment Motion
Outcome
Appeal dismissed
Legal Topics
Slip and Fall, Standard of Care, Adverse Inference, Summary Judgment
Source Language
english
Torts Negligence Occupiers' Liability Civil Procedure Slip and Fall Standard of Care Adverse Inference Summary Judgment

Source-derived case record

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Parties

Nasima Aminzada

Plaintiff (appellant)

Wal-Mart Canada Corp.

Defendant (respondent)

McDonald's Restaurants of Canada Limited

Defendant (respondent)

Procedural Posture

Civil Negligence (slip and Fall) / Appeal From Summary Judgment Motion

Legal Issues

  1. 1 Whether the defendant met the standard of care in addressing a floor spill
  2. 2 Whether an adverse inference should be drawn from the failure to file an affidavit of the employee seen mopping on video
  3. 3 Whether the motion judge properly dismissed the action on summary judgment

Ratio Decidendi

The motion judge correctly found on the record that McDonald's met the standard of care in addressing the spill and reasonably declined to draw an adverse inference from the missing affidavit; those findings disposed of the claim and justified dismissal on summary judgment, and the Court of Appeal dismissed the appeal.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Costs to the respondent on a partial indemnity scale in the agreed amount of $7,500 inclusive of disbursements and taxes.