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ARTICLE · 17 MAY 2022

Court Emphasizes Systems Of Maintenance In Occupiers' Liability Claims

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On April 8, 2022, the Ontario Superior Court of Justice released its decision in Martin v. AGO et al, 2022 ONSC 1923.

CanadaLitigation, Mediation & Arbitration
Natalie Kolos
Natalie Kolos
Aidan Fishman
Aidan Fishman
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On April 8, 2022, the Ontario Superior Court of Justice released its decision in Martin v. AGO et al, 2022 ONSC 1923. This decision is a helpful refresher on occupiers' liability claims in Ontario, with a particular focus on what steps an occupier and/or its contractors can take to meet the standard of care pursuant to section 3(1) of the Occupiers' Liability Act. 

Background

The plaintiff, a criminal defence lawyer, attended the John Sopinka Courthouse in Hamilton around 11:30 AM on July 14, 2015, slipping on a "small amount of water" and tearing his hamstring in a main public hallway. The quantum of damages was agreed upon in advance of trial, but liability and contributory negligence remained at issue. The defendants by the time of trial were the owner and property manager of the courthouse, along with a building maintenance company, which had been contracted to provide janitorial services.

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