Mixed Results in Summary Judgment Motion in Parking Lot Slip and Fall Case

Nick P. Poon, B.Sc. (Hons.), B.A., J.D.Civil Litigation, Insurance, Negligence, Summary Judgment0 Comments

In Wiseman v. Carleton Place Oil Inc., 2014 ONSC 1987, the Ontario Superior Court of Justice addressed the summary judgment motion brought by the two remaining Defendants in a case involving a slip and fall in a Tim Hortons parking lot.  The Plaintiff alleged that she broke her wrist when she slipped and fell on accumulated snow along the curb of the drive-through lane.  The owner of the parking lot took the position that they had satisfied their duty of care by contracting out for snow removal on the premises.  The snow removal contractor argued that they had performed all their contractual obligations on the day of the incident. After summarizing the law on summary judgment as set out by Supreme Court of Canada in Hryniak v. Mauldin, 2014 SCC 7, Justice Pedlar held that there were genuine issues requiring a trial in respect to whether the owner was negligent in designing a parking lot that required customers to step over the drive-through curbing to … Read More