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Appeal dismissed from summary dismissal of a slip-and-fall claim. The Court upheld findings that Loblaws had a reasonable maintenance system and no adverse inference was required from lost video.
Summary trial dismissed a trip-and-fall claim after the court found liability could be decided under Rule 9-7 and the tote bag was plainly visible.
The court dismissed an occupiers’ liability claim after finding the plaintiff had not proved her fall was caused by the alleged lip on the path.
The court dismissed the Loblaws action on summary trial, finding a reasonable cleaning and inspection system was implemented. Aragon’s application was dismissed.
The court certified a class action over alleged abuse of students at Vancouver College and St. Thomas More by Christian Brothers, narrowing the STM class period.
The court dismissed a trip-and-fall claim after finding the loading bay area was reasonably safe and not an objectively unreasonable hazard.
The court enforced a settlement reached by counsel, deemed the plaintiff to have signed the release, ordered the $3,000 paid into court, and stayed the action.
The court exercised its discretion under s.12 to disallow the limitation defence because the delay was short (about 4.5 months), caused by counsel's inadvertence while the claimant acted diligently and gave timely notice to the defendant, the defendant had early awareness and investigated the spill, the defendant did not notify the claimant it intended to rely on the limitation period and failed to show prejudice from the delay; on balance the hardship assessment favored the claimant and it was just to permit the claim to proceed.
Source excerpt
Costs decision after trial dismissal of a negligence and occupiers’ liability claim. London Drugs received Scale B costs, but the court refused double costs.
The court held Grouse Mountain gave sufficient notice of the risk and waiver terms, including exclusion of its own negligence, and dismissed the action.
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