Category: Occupiers' Liability

The plaintiff sustained injuries as a result of tripping on a speed bump in a parking lot owned by the defendant and commenced an action for damages. The parties agreed on damages and the matter proceeded to trial for determination of liability. The plaintiff admitted that she did not know what caused her to trip and fall. She testified that there was a piece missing from the speed bump, which was “maybe” where she tripped and fell. The Court affirmed that an inference of causation must be based on fact rather than speculation and held that the plaintiff failed to establish that any act or omission on the part of the defendant occupier caused her injury. The action was dismissed.

The elderly plaintiff slipped and fell on an elevated walkway adjacent to the parking lot of a seniors’ centre owned and operated by the defendant. The plaintiff attributed the cause of her fall to the absence of a yellow caution line demarcating the walkway from the parking lot. The plaintiff’s human factors expert concluded that the edge should have been marked by a cautionary line. The court dismissed the action, finding that the plaintiff’s expert liability evidence was not particularly helpful as it provided an opinion on a matter that does not require specialized skill or knowledge.