When Is A Commercial Owner Liable For A Fall On An Adjacent Sidewalk?

In its recent summary judgment decision, Janssen v. William and Markle Jewellers Ltd.,¹ the Ontario Superior Court of Justice considered the scope of control required for a commercial owner to be an occupier under the Occupiers' Liability Act² (“the Act”).

Janssen involved a plaintiff that slipped and fell on an icy sidewalk outside the entrance of the defendant's jewellery store. This jewellery store was located in a two storey building. The defendant was a tenant of this building. The owner, surprisingly, was not named in this action.

The two main issues the court assessed in this decision were:

1. Is the Tenant an Occupier pursuant to the Act?

Section 1 of the Act states: