Gallo v. Bramalea City Centre Equities Inc.

A minor plaintiff was injured on an escalator at Bramalea City Centre. The injuries caused the plaintiff to lose multiple fingers. The defendant TSSA brought a motion for summary judgment on the basis that it did not owe a duty of care to the plaintiff in respect of the frequency of its inspections. TSSA admitted that it did owe the plaintiff a duty of care in respect of performance of inspections, but argued that it met the requisite standard of care. Justice Faieta dismissed the TSSA’s motion, holding that this was not a clear case for the grant of partial summary judgment because it would not result in fair and just determination on the merits. The allegations of fault against the TSSA contained in the statement of claim were not clearly severable from the balance of the case against the remaining defendants, which would remain even if partial summary judgment were granted. To grant summary judgment would also raise the risk of inconsistent findings in relation to the adequacy of the frequency of inspections, the performance of inspections, action taken following inspections, and the condition of the escalator prior to the incident. Justice Faieta held that the most sound and efficient approach in the circumstances was for the matter to proceed to trial so that the trier could determine the issues with a full perspective.