Cases

Quibell v. 1096555 Ontario Inc. (c.o.b. Bingo Bingo) [2003] O.J. No. 4673 (S.C.J.) 

Date of Decision: October 28, 2003

Case Summary:
We successfully defended a bingo hall in claim brought by a customer who slipped and fell in on the front walkway and alleged the hall was liable pursuant to the Occupiers’ Liability Act.  The trial judge applied the settled law that occupiers are not insurers and that they are only required to take reasonable steps to ensure the individuals on their premises are reasonable safe.  He held that although the winter maintenance system was not reduced to writing and a log was not kept, as he accepted the evidence of the staff members that they were monitoring the conditions that evening and had salting the area the hall could not be held liable. The decision stands for the proposition that an occupier may still meet its burden under the Act to have a system of inspection and maintenance notwithstanding the fact that such system is not reduced to writing or the maintenance activities kept in a log.

 

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