In the recent Alberta Court of Queen's Bench decision of
Westerveld v Cineplex Entertainment Corp, 2022
CarswellAlta 920, Master Mattis described the obligations imposed
on an occupier under the Occupiers' Liability
Act (OLA).
In this case, the plaintiff sustained a knee injury after she
tripped and fell over a raised footrest of a recliner seat while
exiting a Cineplex movie theatre.
The plaintiff sued Cineplex under the OLA and in
negligence. Cineplex brought a summary dismissal application which
was granted. Master Mattis dismissed the plaintiff's claims
because Cineplex discharged its duties owed under sections 5 and 6
of the OLA. Cineplex's regular system of inspection
and maintenance demonstrated that they had acted reasonably to keep
the premises safe.
