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ARTICLE · 08 NOVEMBER 2017

Slip And Fall Actions Dismissed For Failure To Show Breach Of Duty

McLennan Ross LLP
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While it often seems otherwise, occupiers are not strictly liable for injuries sustained by visitors at their premises.

CanadaLitigation, Mediation & Arbitration
Marco Baldasaro
Marco Baldasaro
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While it often seems otherwise, occupiers are not strictly liable for injuries sustained by visitors at their premises. The duty of care codified by the Occupiers' Liability Act requires occupiers to take reasonable steps to keep visitors safe. It does not require perfection. Two recent decisions illustrate this point.

In Reichert v Home Depot Canada Inc ("Reichert") the Plaintiff sustained injuries when he slipped on snow outside a home improvement supply store in Calgary. According to the Plaintiff, the fall occurred when he lost his footing while traversing the parking lot. The Defendants (the occupier, Home Depot, and its snow removal company) sought summary judgment on the basis that they had not been negligent.

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