The plaintiff attended a heavy metal concert and shortly after the music started, he was found lying on the ground severely injured and surrounded by a crowd of people. The incident resulted in his quadriplegia. He sued multiple defendants, including the relevant venue and security company, for alleged negligence, occupiers’ liability, and breach of the Ontario Liquor License Act. The defendants brought a motion for summary judgment to have the claim dismissed. The defendants argued that the plaintiff could not prove what act or omission on their part had caused the injury, and had not put forward any credible theory as to who or what caused the injury. Justice Skarica granted the defendants’ motion and dismissed the action. He found that the plaintiff had not provided a sufficient factual basis to establish that the harm was a reasonably foreseeable consequence of the defendants’ conduct. He held that the defendants had acted reasonably in the circumstances, which was all that was required. With respect to the plaintiff’s allegations against the security guards, Justice Skarica noted that there was no evidence that any of these alleged defects contributed to the plaintiff’s injuries. He added that there was no medical evidence indicating that the security guards injured the plaintiff by moving him after his fall.
