-
Recent Posts
Archives
- October 2015
- July 2015
- December 2014
- November 2014
- October 2014
- September 2014
- May 2014
- January 2014
- July 2013
- June 2013
- May 2013
- April 2013
- February 2013
- January 2013
- November 2012
- September 2012
- August 2012
- June 2012
- May 2012
- April 2012
- March 2012
- February 2012
- September 2011
- May 2011
- February 2011
- October 2010
- June 2010
- May 2010
- April 2010
- March 2010
- February 2010
- January 2010
- November 2009
- September 2009
- August 2009
- July 2009
- May 2009
- April 2009
- March 2009
- February 2009
- January 2009
- November 2008
- October 2008
- August 2008
- July 2008
- June 2008
- May 2008
- April 2008
- March 2008
- January 2008
- December 2007
- November 2007
- October 2007
- September 2007
- August 2007
- July 2007
- June 2007
- May 2007
- April 2007
- March 2007
- February 2007
- January 2007
- December 2006
- November 2006
- October 2006
- September 2006
- August 2006
- July 2006
- June 2006
- May 2006
- April 2006
- March 2006
- February 2006
- January 2006
- December 2005
- November 2005
- October 2005
- September 2005
- July 2005
- June 2005
- May 2005
- April 2005
- March 2005
- January 2005
- December 2004
- November 2004
- October 2004
- September 2004
- July 2004
- June 2004
- May 2004
- April 2004
- March 2004
- December 2003
- November 2003
- May 2003
- April 2003
Categories
- Advertising Injury
- Allocation of Defence Costs
- Appeals
- Auto
- Auto (Tort)
- CGL
- Collateral Benefits
- Commercial Litigation
- Conflict of Laws
- Contract
- Costs
- Damages
- Defamation
- Discoverability
- Discovery
- Duty to Defend
- Environmental
- Evidence
- Exclusions
- Experts and Opinions
- Fire Insurance
- Fires
- FLA
- Insurance News
- Juries
- Lawyers
- Limitation Periods
- Litigation Technology
- Municipalities
- Occupier's Liability
- Pleadings
- Practice and Procedure
- Practice of Law
- Privacy
- Privilege
- Products Liability
- Professional Liability
- Risk Transfer
- Sale of Goods
- Social and Commercial Host Liability
- Subrogation
- Threshold
- Tort News
- Trial Procedure
- Uncategorized
- Uninsured or Underinsured
- Waivers and releases
Meta
Category Archives: Occupier’s Liability
Court grants summary judgment in occupier’s liability case on basis that occupier not required to sanitize environment to negate all inherent risk
In Miltenberg v. Metro Inc., 2012 ONSC 1063 (CanLII), Mr. Justice Andrew J Goodman granted the defendant’s motion for summary judgment and dismissed an action based on breach of obligations under the Occupiers Liability Act. In doing so, he made … Continue reading
Posted in Occupier's Liability, Tort News
Comments Off on Court grants summary judgment in occupier’s liability case on basis that occupier not required to sanitize environment to negate all inherent risk
Judge Applies “But For” in Slip and Fall Case
In Cartner v. Burlington (City), a recent slip and fall action, Mr. Justice Michael Quigley found for the plaintiffs. In doing so, he applied the “but for” test of causation that was endorsed by the Supreme COurt of Canada in … Continue reading
Posted in Municipalities, Occupier's Liability, Tort News
Comments Off on Judge Applies “But For” in Slip and Fall Case
Court Refuses Summary Judgment in “Social Host” Claim
In Hamilton v. Kember (and another action), Mr. Justice John F. McGarry was dealing with a defence motion for summary judgment in two personal injury actions. The moving defendants were a young woman and her parents. In 2004, when the young woman … Continue reading
Posted in Occupier's Liability, Social and Commercial Host Liability, Tort News
Comments Off on Court Refuses Summary Judgment in “Social Host” Claim
C.A. Upholds Jury’s Dismissal of Slip and Fall Action
In Kerr v. Loblaws Inc., the Ontario Court of Appeal was asked to set aside a jury’s dismissal of a claim for personal injury damages. The plaintiff had slipped on a single grape at a Zehr’s store operated by Loblaws. … Continue reading
Posted in Occupier's Liability, Tort News
Comments Off on C.A. Upholds Jury’s Dismissal of Slip and Fall Action
Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Here’s a case that we missed when it was first released last September. It has just been reported in the Ontario Reports, so the lawyers, judges and masters who subscribe to our Updates will already have seen it. But for the … Continue reading
Posted in Insurance News, Occupier's Liability, Practice and Procedure, Privilege
Comments Off on Litigation Privilege Can Arise Before Demand Made or Lawsuit Commenced
Homeowners Not Liable for Slip and Fall on Adjacent City Sidewalk
Justice Mary J. Nolan of the Ontario Superior Court dismissed a slip and fall action against homeowners whose property lay next to a municipal sidewalk. In Peterson v. Windsor, The plaintiff had slipped on the sidewalk and sued both the … Continue reading
Posted in Occupier's Liability, Practice and Procedure, Tort News
Comments Off on Homeowners Not Liable for Slip and Fall on Adjacent City Sidewalk
C.A. Finds Trial Judge Set Causation Bar Too High in Slip and Fall Case
This afternoon, the Court of Appeal released its decision in Kamin v. Kawartha Dairy Limited. This was an occupier’s liability case that had been decided by Madam Justice Sarah Pepall in March, 2004. You can read the trial decision here. … Continue reading
Posted in Occupier's Liability
Comments Off on C.A. Finds Trial Judge Set Causation Bar Too High in Slip and Fall Case
Slip and Fall Plaintiff 1/3 at Fault for Not Watching Where She Was Going
An Ontario Superior Court judge has found a plaintiff one third contributorily negligent for failing to observe the curb on which she tripped and fell, even though it was in plain sight. In Henhawk v. Brantford (City), Justice David S. … Continue reading
Posted in Occupier's Liability, Tort News
Comments Off on Slip and Fall Plaintiff 1/3 at Fault for Not Watching Where She Was Going
C.A. Confirms that Occupiers Are Not Insurers
In Doyle v. Petrolia, released a few minutes ago, the Court of Appeal has reaffirmed the principle, that occupiers of property are not insurers. The Occupier’s Liability Act does not require that occupiers of property guard against every possible risk, … Continue reading
Posted in Occupier's Liability, Tort News
Comments Off on C.A. Confirms that Occupiers Are Not Insurers
Slip and Fall Claim Dismissed on Causation Basis
A recent occupier’s liability case resulted in a ruling in favour of the defence. The case was a fairly garden-variety parking lot slip and fall. What is interesting is that although the trial judge (Madam Justice Sarah Pepall) found that … Continue reading
Posted in Occupier's Liability, Tort News
Comments Off on Slip and Fall Claim Dismissed on Causation Basis