Musa v. Carleton Condominium Corporation No. 255

Musa v. Carleton Condominium Corporation No. 255

Given the weather and operational facts, Exact Post unreasonably delayed applying salt after plowing; the trial judge permissibly accepted expert and guideline evidence that salt must be applied concurrently with or immediately after plowing when pre‑salting is not used, the delay was caused by a systemic...

Source-derived case information.

Citation
2023 ONCA 605
Parties
Plaintiff (respondent): Wael Musa; Defendant (appellant): Carleton Condominium Corporation No. 255; Defendant (appellant): 6669981 Canada Inc., c.o.b. as Exact Post Ottawa Inc.
Court
Court of Appeal for Ontario
Jurisdiction
Canada
Judgment Date
15 September 2023
Procedural Posture
Civil Appeal From Superior Court Negligence/occupiers' Liability Trial / Court of Appeal Decision on Standard of Care and Causation (appeal Dismissed)
Outcome
Appeal dismissed
Legal Topics
Slip and Fall, Winter Maintenance, Standard of Care, Causation, Industry Best Practices, Contract Delegation
Source Language
english
Torts Occupiers' Liability Negligence Civil Procedure Slip and Fall Winter Maintenance Standard of Care Causation +2 more

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Parties

Wael Musa

Plaintiff (respondent)

Carleton Condominium Corporation No. 255

Defendant (appellant)

6669981 Canada Inc., c.o.b. as Exact Post Ottawa Inc.

Defendant (appellant)

Procedural Posture

Civil Appeal From Superior Court Negligence/occupiers' Liability Trial / Court of Appeal Decision on Standard of Care and Causation (appeal Dismissed)

Legal Issues

  1. 1 What standard of care applies to a commercial snow removal contractor in winter maintenance?
  2. 2 Whether delay in applying road salt constituted negligence in the circumstances.
  3. 3 Whether the failure to salt was the proximate cause of the plaintiff's slip and fall.

Ratio Decidendi

Given the weather and operational facts, Exact Post unreasonably delayed applying salt after plowing; the trial judge permissibly accepted expert and guideline evidence that salt must be applied concurrently with or immediately after plowing when pre‑salting is not used, the delay was caused by a systemic operational failure, that breach caused an icy surface and the plaintiff's injury, and there was no palpable and overriding error warranting appellate interference.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed
  • Respondent awarded costs of the appeal in the agreed amount of $17,500 inclusive