Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 27 JUNE 2017

Take Control Of Public Space And Liability May Follow

McCague Borlack LLP
Explore more from McCague Borlack LLP

The decision evaluated the liability of Starbucks in a situation where a customer slipped on a city sidewalk just outside of the business' premises. The incident occurred at a Starbucks location in Toronto...

CanadaReal Estate and Construction
Eric Turkienicz
Eric Turkienicz
Author LinkedIn connections

Case Comment - MacKay v Starbucks



At the beginning of May, the Ontario Court of Appeal released its decision in MacKay v Starbucks.1 At issue was the question of whether a private business owner could be held to be an occupier of otherwise public land outside of its establishment. Though it has always been clear that an individual or company is typically responsible for hazards present on their own property, MacKay introduces the potential for even greater liability for business owners under the Occupiers' Liability Act ("the Act").

Facts

The decision evaluated the liability of Starbucks in a situation where a customer slipped on a city sidewalk just outside of the business' premises. The incident occurred at a Starbucks location in Toronto where patrons are able to enter through one of two entrances off of intersecting city streets. At one of the entrances, customers have to walk through the outdoor Starbucks patio in order to access the side door. The

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

Could The Old Ontario Construction Lien Act Still Apply To Your Project? The Court Of Appeal Weighs In

A 2026 Ontario Court of Appeal decision reveals that construction contracts signed years after legislative reforms may still be governed by the old Construction Lien Act if the procurement process began before July 1, 2018. The ruling demonstrates how early project proposals and negotiations can determine which statutory regime applies, regardless of when the final contract was executed or where the project was ultimately built.
CanadaReal Estate and Construction
Miller Thomson
Miller Thomson
Article

Here’s The Drill: Introducing The New CCDC 32 – 2026 Progressive Design-Build Contract

CCDC 32 introduces a progressive design-build framework that allows owners and design-builders to collaboratively develop project scope, budget, and schedule before committing to a final price. Through a two-phase structure with project gates and off-ramp provisions, this standardized contract addresses complex construction projects where requirements cannot be fully defined at the outset. How does this collaborative approach balance flexibility with cost certainty while reshaping traditional roles in const
CanadaReal Estate and Construction
WeirFoulds LLP
WeirFoulds LLP
Article

Copyright Claims on Intellectual Work Property: Employee vs Employer

When a senior software developer secretly creates competing software on his own time, who owns the copyright? The Ontario Court of Appeal's decision in Nexus Solutions Inc. v. Krougly clarifies the boundaries of employer ownership over employee-created work, establishing that broad job descriptions alone cannot secure intellectual property rights without clear contractual terms or direct involvement in the creation process.
CanadaIntellectual Property
McCague Borlack LLP
McCague Borlack LLP