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ARTICLE · 18 FEBRUARY 2022

No Hazard? No Liability!

CLC (Canadian Litigation Counsel)
Explore more from CLC (Canadian Litigation Counsel)

The Plaintiff alleged he slipped and fell on a puddle in a parking lot. Case law indicates puddles can be hazards but not in this case.

CanadaLitigation, Mediation & Arbitration
Nabeel Peermohamed (Brownlee LLP)
Nabeel Peermohamed (Brownlee LLP)

In the recent case of Dueling et al v Shell Canada Ltd et al, 2022 ABQB 25, the dismissal of the Plaintiff's claim was upheld on appeal. Justice Shelley found Master Scholsser had correctly dismissed the claim because the Plaintiff had not proven the existence of a hazard caused the slip and fall.

The Plaintiff alleged he slipped and fell on a puddle in a parking lot. Case law indicates puddles can be hazards but not in this case.

The Plaintiff testified at Questioning he noticed a "bit of snow" when he arrived at the parking lot and that it "looked like it had been cleaned" and "it hadn't snowed for a while". He did not remember any ice in the parking lot. When he walked through a puddle, he slipped and fell. The Plaintiff gave no evidence about the presence of ice in the puddle. However, in his Affidavit in response to the summary dismissal application, he said he slipped and fell on ice that was below the surface of the puddle. This presented a conflict in

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