Lyng v. Ontario Place Corporation: Important Developments For Occupier's Liability Risk

In Lyng v. Ontario Place Corporation, the Ontario Court of Appeal upheld a $175,000 award for a slip and fall injury that occurred on Ontario Place's premises. This case is a reminder that occupiers may not be able to avoid liability by pointing to unsafe choices made by those who are on their premises. Contextual factors of each case are important to consider when assessing liability and damages.

FACTS

By way of background, the 21-year-old plaintiff attended a concert at Ontario Place with his friend. While at the concert, the two had been drinking. After the concert, attendees including the plaintiff and his friend exited the main gates and proceeded to a pedestrian bridge. The bridge was closed and security guards prevented attendees from exiting at that location. Along with others, the plaintiff and his friend proceeded down a hill next to the bridge, which had no barricades or warnings limiting access to it. Throughout the day, it had rained heavily and the