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Slip and Fall

SUMMARY JUDGMENT FOR OCCUPIERS’ LIABILITY CLAIMS: A REASONABLE SYSTEM OF MAINTENANCE CAN MAKE ALL THE DIFFERENCE

By Sandeep Samra

Feb18

To succeed in an occupier’s liability claim, a plaintiff must be able to point to some act or failure to act on the part of the occupier that caused the plaintiff’s injury. An occupier need not remove every possible danger – the standard of care is one of reasonableness and not perfection.

Posted in Insurance Defence, Occupiers’ Liability, Personal Injury | Tagged Occupiers' Liability, Slip and Fall, Summary Judgment

The Other Guy Didn’t Add You As an Insured? What Now?

By Forough Ghorbani

Sep5

Maria Papapetrou v. 1054422 Ontario Limited, The Cora Group Inc. and Collingwood Landscape Inc.¹ We have all come across a situation where pursuant to a contract for services, A was to name B as an additional insured under its insurance policy but failed to do so. Naturally, B would then demand that A’s insurer assume [...]

Posted in Insurance Coverage, Insurance Defence, Occupiers’ Liability | Tagged Duty to Defend, Slip and Fall

Occupier’s Liability at a Wedding; or, Risk and Risky Moves on the Dance Floor

By Michael Kealy

Mar3

We’ve all been there. At the family wedding. Having a few drinks. At some point, the dance floor opens up and becomes flooded with people sweating out the alcohol or trying to impress the room with their moves. The party-goers are responsible for their own risky moves: the Carlton dance is long since over; the [...]

Posted in Personal Injury | Tagged Accident, Alcohol, Slip and Fall

Slippery Sidewalk, Eh? Better Watch Your Step!

By Ian Mair

Sep1

It was a cold, grey and dreary day in the middle of an endless Toronto winter. The plaintiff, Wally (not his real name), parked his taxi cab in a parking spot on Bloor Street. He had to see his travel agent to pick up tickets for his warm-weather vacation. As he was walking past a [...]

Posted in Occupiers’ Liability, Personal Injury | Tagged Damages, Municipalities, Reasonable Care, Slip and Fall

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