Identification Of Hazard Not Required To Defeat Summary Judgment In Accident Claims

In the event of a summary judgment motion relating to accident claims caused by a presumed hazard, it is important that defendants carefully review the facts to see whether the plaintiff has any direct evidence of a hazard present. Proper identification of the hazard is less crucial than direct evidence of the existence of a hazard, which can include "feeling" the hazard. If the plaintiff has evidence of the hazard, regardless of the identification, the occupier may not be successful on a summary judgment motion.

Background

In Adler v. Promenade General Partner Inc., 2021 ONSC 5393 (Adler), the plaintiff was walking near the food court in Promenade Mall when she slipped and fell, suffering significant injuries to her face, skull and kneecap. She alleged that the cause of her injury was an unidentified sticky substance on the floor, which caused her to slip and fall. She commenced a claim under the Occupier's Liability Act against the owner of the mall, the