Occupiers Liability Tag Archives

Over the Glass and Into the Courtroom

In the average National Hockey League game, ten to twelve pucks sail “over the glass” and into spectator seating areas. Similarly, Major League Baseball games may see more than forty baseballs finding their way into the stands.

Occupiers Liability for COVID-19 Exposure: A Difficult Claim to Make

September 2021 marks the 1.5-year mark since the start of the COVID-19 Pandemic. The impact that COVID-19 has had around the world has been nothing short of unprecedented. The world has pivoted in ways we never imagined possible in such a short time…

Nolet v. Fischer, 2020 ONCA 155

In this case, the appellant was moving out of the respondent’s home after their relationship ended. He tripped on the sidewalk while carrying his freezer out of the home and injured his ankle. He sued for damages under the Occupier’s Liability Act. The respondent moved for summary judgement and was successful in dismissing the claim…

Zaky v. 2285771 Ontario Inc., 2020 ONSC 4380

This case serves as a good reminder of the law surrounding the enforceability of waivers. The Plaintiff had attended the Defendant indoor trampoline park. While attempting to land a backflip on a trampoline, he landed on his head and suffered serious injuries including a C7 vertebra fracture that required surgery.