Kheriji v. 14939201 Ontario Limited et al, 2015 ONSC 5196

Released September 4, 2015 | CanLII

This was a motion by the defendant, 14939201 Ontario Limited, to dismiss the plaintiff’s action against it for failure to issue within the limitation period and for summary judgment on the basis that the defendant did not owe a duty of care to the plaintiff. The plaintiff’s action arose from an assault at the Ministry nightclub. The defendant was the owner of the premises, but denied knowledge of the existence of any after-hours nightclub on the premises. The incident occurred on July 5, 2009. The plaintiff issued a Notice of Action on October 7, 2013. The plaintiff admitted that he knew he had been assaulted on the night of the incident and began making efforts as early as December 2009 to identify the defendant. Justice Dow concluded that the plaintiff knew well before October 7, 2011 that he had the cause of action eventually pleaded against the defendant in October 2013. Accordingly, Justice Dow was prepared to dismiss the motion on that basis. Notwithstanding Justice Dow’s conclusion regarding the limitation period issue, he opted to consider the defendant’s submission that it owed no duty of care to the plaintiff. Justice Dow reviewed several decisions and concluded that in the absence of evidence that a landlord defendant is aware of the illegal activity on its premises by its tenant, the landlord owes no duty of care to patrons of the tenant. Consequently, he concluded that the defendant was entitled to succeed on that argument as well.

 

Read the decision on CanLII.

Written by

For over a decade, Rikin Morzaria has dedicated his practice to representing those who have suffered serious or catastrophic personal injuries and families who have lost a loved one in wrongful death cases. His areas of practice include traumatic brain injuries, spinal cord injuries, cycling injuries, fatal accidents, medical malpractice, nursing home negligence, and disability insurance claims.

Rikin received his Bachelor of Business Administration (BBA) with Distinction from the Schulich School of Business at York University. He completed his law degree at the University of Toronto, where he also received the top prize in Trial Advocacy and the top prize in Public International Law.

Rikin has written and published more than twenty journal articles and chapters in leading textbooks in the field of civil litigation and personal injury law. He is regularly invited to give lectures to other lawyers and to health professionals about litigation and personal injury law.

Rikin believes passionately in the need for safe streets and commutes by bicycle to work every day. When not working, Rikin spends his time with his wife and two children.