Case Comment: Duty Of Care Under The Occupiers' Liability Act

Recently, the Ontario Superior Court of Justice considered the duty owed to a volunteer under the Occupiers' Liability Act in Baltadjian v. Roman Catholic Episcopal Corporation for the Diocese of Alexandria, 2017 ONSC 61 ("Baltadjian").

In this case, the plaintiff, a parishioner of the defendant church, volunteered to paint the church's interior walls and ceilings.  After assuring a supervisor of the defendant that he was comfortable painting from a ladder and had previous experience doing so, the plaintiff attended for painting duty on multiple occasions over several weeks using an eight foot stepladder.  Unfortunately, while working from the stepladder, the plaintiff fell, resulting in a head injury and coma for 25 days.  He subsequently commenced an action against the defendant church, arguing that it breached its duty to ensure his reasonable safety while he was voluntarily working on the premises.  In response, the defendant brought a motion for summary