The plaintiff sustained injuries while exiting an elevator in a condominium building. She alleged that the elevator was not level with the ground when she exited. The defendants brought a motion for summary judgment seeking dismissal of the action. Justice Brown granted summary judgment for all defendants. With respect to the condominium corporation and the property manager, Justice Brown held that they had reasonable systems in place to ensure that the elevators were Code compliant. They had entered into service contracts for the provision of monthly preventative maintenance and retained a security company to inspect the premises at all times, including the general functioning of the elevators. With respect to the security company, Justice Brown held that there was no evidence to indicate that it was negligent in its duties. Upon becoming aware of the issue with the elevator, it took the elevator out of service and notified the superintendent. With respect to the elevator maintenance contractor, Justice Brown found that there was no evidence to demonstrate that the contractor’s maintenance regime was not Code compliant, nor that the regime was not being followed. There was no evidence that its conduct fell below the standard of care. Justice Brown dismissed the action.
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