The plaintiff, a welder, fell from a 12-foot step ladder and was injured while working on a project on the premises of the defendant Yaya Foods. The project used an excavator with an attachment that held the beam while the plaintiff cut it. The attachment failed, the beam fell and hit the ladder, causing the fall. The Ministry of Labour found that the excavator was not maintained to the manufacturer’s recommendations. The plaintiff sued Yaya Foods and the contracting company for damages. With respect to Yaya Foods, the plaintiff alleged that it was liable as an occupier. Yaya Foods brought a summary judgment motion.
Justice Fraser granted the motion and dismissed the action as against Yaya Foods. Justice Fraser found that the equipment failure was the responsibility of the contracting company and not Yaya Foods. Yaya Foods did not have a duty to ensure the equipment was properly maintained, and therefore could not be liable. This was a suitable case for partial summary judgment because the nature of the claim against Yaya Foods was such that there was no risk of duplicative proceedings or inconsistent findings of fact.