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ARTICLE · 20 JUNE 2019

Court Of Appeal Comes Full Circle In New Decision On "Boomerang" Summary Judgment

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Mr. Drummond was injured when he tripped over a skateboard in a shopping mall that was managed by Cadillac Fairview. He started an occupier's liability action against the defendant

CanadaLitigation, Mediation & Arbitration
Ian C. Matthews
Ian C. Matthews
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Background

Mr. Drummond was injured when he tripped over a skateboard in a shopping mall that was managed by Cadillac Fairview. He started an occupier's liability action against the defendant. Cadillac Fairview defended the claim by denying that it was negligent and asserted a defence of contributory negligence. It moved for summary judgment dismissing the action brought against it.

The motion judge dismissed Cadillac Fairview's motion for summary judgment. However, the motion judge went on to grant judgment to Mr. Drummond and direct a trial for the assessment of damages.

Cadillac Fairview appealed to the Court of Appeal. The Court allowed the appeal and dismissed Mr. Drummond's action altogether.

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