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Civil procedure 2025 BCSC 924

Tommy v. 7-Eleven Canada, Inc.

The court granted the plaintiff double costs from service of the July 7, 2023 formal offer, finding it was reasonable and should have been accepted.

  • Rule 9-1(5)(b)
  • Rule 9-1(6)
  • Offers to settle
  • Double costs
  • Health care costs recovery act
  • Double-costs
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Occupiers' liability 2023 NSSC 167

MacPherson v. Strait Regional Center for Education

Plaintiff failed to prove the occupier breached its duty because the school provided a reasonably lit and maintained alternate path a few metres from the unlit shortcut the plaintiff chose, the shortcut was not a known high‑traffic route and the defendant's inspection and repair practices were reasonable in the circumstances; on that basis the claim was dismissed.

  • Inspection and maintenance
  • Standard of care
  • Contributory negligence
  • Lighting and visibility
  • Foreseeability
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Occupiers liability 2022 BCSC 503

Voje v. Teck Developments Ltd.

The court dismissed a trip-and-fall claim after finding the loading bay area was reasonably safe and not an objectively unreasonable hazard.

  • Trip and fall
  • Duty of care
  • Occupier definition
  • Landlord maintenance liability
  • Contributory negligence
  • Lease indemnity
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Occupiers' liability 2019 BCSC 1182

Tanaka v. London Drugs Limited

The court dismissed a negligence and occupiers’ liability claim arising from a sudden customer-on-customer assault at a London Drugs store.

  • Duty of care
  • Duty to warn
  • Duty to prevent third-party conduct
  • Duty to detain
  • Foreseeability
  • Surveillance evidence
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Torts 2019 ONCA 499

Zambo v. 848875 Ontario Inc. (Gary’s No Frills)

The appeal was dismissed because the evidentiary record supported the jury’s finding that the respondents took reasonable care and the required high threshold for setting aside a jury verdict was not met; appellate court will not substitute its assessment of credibility for the jury’s.

  • Negligence
  • Standard of care
  • Jury verdict
  • Setting aside jury verdict
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Occupiers' liability 2017 NSSC 194

Flowers v. Allterrain Contracting Inc

Court found Allterrain maintained a reasonable and adequate system of repeated plowing and salting at the Halifax Shopping Centre, and the evidence did not establish the defendants failed to meet the statutory standard of care; therefore plaintiff's claim dismissed.

  • Slip and fall
  • Snow and ice removal
  • Maintenance and inspection regimes
  • Independent contractor liability
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Occupiers liability 2013 BCSC 889

Simmons v. Yeager Properties Inc

On summary trial, the court found the bakery occupiers liable for failing to maintain an effective warning sign, but reduced damages for significant contributory negligence.

  • Duty of care
  • Standard of care
  • Inspection and maintenance
  • Warning signs and demarcation
  • Causation
  • Apportionment of liability
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Tort 2012 BCSC 2238

Gray v. Kingsnorth Development Corporation

The court dismissed the defendants’ applications to sever liability from damages and for summary trial, citing unresolved liability issues and credibility conflicts.

  • Severance of issues
  • Summary trial
  • Liability vs damages
  • Credibility
  • Costs
  • Severance-of-issues
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Occupiers liability 2009 BCSC 1839

Fingerhut v. Longwood

The court held an occupier liable after a painted gap between speed bumps concealed a hazard and caused the plaintiff’s fall in a mall parking lot.

  • Duty of care
  • Breach of duty
  • Causation
  • Contributory negligence
  • Warning and signage
  • Standard of care
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Civil procedure 2008 BCSC 1658

Foster v. Westfair Properties (Pacific) Ltd.

The court held that Rule 68 applied to an action that met the expedited-action criteria, and that the missing endorsement could be cured by amendment.

  • Rule 68 expedited litigation
  • Endorsement requirement
  • Amendment
  • Irregularity
  • Costs
  • Civil-procedure
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Canada decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.