The plaintiff was injured in a slip and fall. The plaintiff was a resident of the apartment that owned the parking lot where she fell. Her lease contained a waiver of liability in favour of the apartment owners and property managers. The plaintiff brought a motion seeking a determination as to whether the landlord defendants could rely on the waiver provision. The landlord defendants brought a motion to strike certain paragraphs of the plaintiff’s reply to their statement of defence, which related to the waiver provision. Justice Perell held that the landlord defendants could not rely upon the waiver because it was contrary to the Residential Tenancies Act, 2006 and O. Reg. 517/06 Maintenance Standards. He also noted that sections 8 and 9 of the Occupiers’ Liability Act specifically state that landlords are subject to the same duty of care in section 3 of that Act.
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