A recent British Columbia decision, Tommy v. 7-Eleven Canada, Inc., 2024 BCSC 1558, offers a useful reminder for Alberta property owners and businesses. A customer tripped on an unrepaired pothole in a 7-Eleven parking lot, and the court held the company responsible.
Who is an occupier?
Under Alberta’s Occupiers’ Liability Act, an occupier is anyone in physical possession of a premises, or anyone who controls its condition or who may permit people to enter. Landlords, store owners, and property managers can all qualify. Occupiers must take reasonable care to make sure visitors are reasonably safe while on the property.
Why 7-Eleven was found liable
The court looked at how the company handled maintenance and hazard reporting. Employee training on exterior upkeep was optional and unenforced, and there was no reliable process for inspecting the property or acting on problems. That fell short of the standard expected of an occupier.
