Assault In Parking Garage: Inadequate Security Measures Did Not Cause Plaintiff's Loss

Courts have been hesitant to find a defendant liable for damages caused by the intentional tort of a third party. This notion was reinforced in Teglas v. City of Brantford et al, 2020 ONSC 7408 ("Teglas"), a case which involved an assault in a parking garage.

Justice Turnball found that even though the owner of the parking garage and a security company breached a duty of care owed to the plaintiff, the breach did not cause the plaintiff's damages.

The Action

Teglas involved a personal injury action commenced by the plaintiff, Mihaly Teglas, arising from an unprovoked assault by two unidentified assailants in the stairwell of a parkade on February 24, 2012.

Mr. Teglas alleges that the defendants, The Corporation of the City of Brantford (the "City"), and Romex Security Inc. ("Romex Security"), were negligent for their failure to take proper security measures to keep the parkade safe for customers.