Share on LinkedInShare on LinkedIn

ARTICLE · 25 APRIL 2018

Vacuum Return Gone Wrong: The Duty Of An Occupier

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson's Bay Company, 2018 ONCA 302.

CanadaReal Estate and Construction

On March 27, 2018, the Ontario Court of Appeal released a decision in the case of Tondat v. Hudson's Bay Company, 2018 ONCA 302. The case involved a slip and fall accident at a Hudson's Bay store and provides important lessons for retail stores and other occupiers.

Facts

In December 2012, the plaintiff, a Superintendent of Education with the Toronto District School Board, went to a Hudson's Bay store in Oakville to return a small vacuum cleaner. It had been raining heavily earlier in the morning. The rain had turned into a light drizzle by the time the plaintiff arrived at the store.

The plaintiff, who was wearing leather sandals, approached the doors to the store carrying the vacuum in both hands. A customer opened the door for her. The plaintiff entered the store and stepped onto a black floor mat. She did not see any debris or water on the floor at the time.

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.

See more popular content from