Search judgments by proposition, citation, court, judge or legal topic, then move directly into the source-grounded case analysis.
Results update automatically as you type.
Canada decisions
Decisions matching the current search
Plaintiff failed to prove on the balance of probabilities that ice existed on the walkway and caused her fall; expert evidence of Dr. Weaver was preferred and photographs and witness inconsistencies corroborated absence of ice; claim therefore dismissed for lack of causation under the OLA.
Source excerpt
The Court of Appeal upheld a jury verdict for the defendants in a slip-and-fall negligence action, finding no reversible error in excluding one expert test.
Plaintiff failed to prove on a balance of probabilities that she slipped on a hazard on the Tavern floor or that the Tavern breached its statutory duty; no witness observed any spill and plaintiff's evidence was unreliable and inconsistent (including medical record stating roughhousing); even if a prima facie case were established, the Tavern had a reasonable inspection and maintenance regime; claim dismissed and costs awarded to defendant.
Source excerpt
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.
The motion for summary judgment was dismissed because there exists a genuine question of law mixed with fact as to whether the defendant assumed control of the sidewalk or activities such that he was an occupier and owed a duty of care; the plaintiff demonstrated a real chance of success on that mixed issue and the court declined to exercise its discretion to finally resolve the mixed legal and factual issues on affidavit evidence alone because oral evidence and credibility findings are likely required.
Source excerpt
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.
Source excerpt
On the balance of probabilities there was no evidence of water on the tile and the occupier implemented reasonable safety measures (Smart Scraper/Channel Tile, visible wet floor sign, two Cintas XTraction mats cleaned daily and replaced weekly); plaintiff failed to prove a breach of the duty of care under s.4(1), therefore the action is dismissed.
Source excerpt
The court found the plaintiff slipped on a greasy substance transferred from the driveline and held MCL liable for failing to use reasonable cleaning, supervision, and warning measures.
The court dismissed a slip-and-fall claim under the Occupiers Liability Act, finding the plaintiff did not prove water caused the fall or that any hazard was unreasonable.
On a slip-and-fall claim, the court held Alpine must defend and indemnify Ivanhoe under a janitorial contract, but deferred any ruling on damages or settlement payments.
Explore more
