Cases

Ouderkirk v. Clarry, [2010] O.J. No. 2223 (C.A.) 

Date of Decision: May 28, 2010

Case Summary:
The Court of Appeal dismissed an appeal seeking to set aside a jury’s verdict holding that our client, the occupier of the premises, was not liable. The issue was whether the occupier should be held liable for the injuries caused to the plaintiff after falling off a deck without a railing. The jury found that notwithstanding the lack of railing, as the plaintiff was warned about the lack of railing and was fully aware of its absence she was author of her own misfortune. The Court of Appeal upheld the jury’s verdict holding that that there was sufficient evidence to support it

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