In Osmond v Watkins, 2017 ONSC 5729 (CanLII), the
defendant successfully brought a summary judgment motion against
his contractor. The defendant, Watkins, hired the
plaintiff, Osmond, to complete some renovations at his home.
While on the roof installing tarpaper, the plaintiff slipped and
fell approximately 37 feet onto bricks and debris.
He brought an action against the homeowner, Watkins, claiming
the accident was caused by defendant's negligence and breach of
the Occupiers Liability Act. The
plaintiff's examination for discovery evidence was that he was
not wearing safety equipment, he was not aware he was supposed to
wear safety equipment, and he never turned his mind to using safety
equipment. Further, on the motion, the plaintiff led no
evidence that his fall was caused by any defect in or lack of
repair affecting the premises or any hazardous conditions
associated with the premises themselves.
