Alan Preyra

During a civil jury trial for a slip and fall claim, the plaintiff moved to discharge the jury following the defendants' closing address.

The plaintiff argued that defence counsel's closing submissions contained numerous transgressions, including misstating evidence, expressing personal opinions, referring to unproven hearsay, and breaching the rule in Browne v. Dunn.

The trial judge agreed, finding that the cumulative effect of the improper statements and trial conduct created a substantial risk of a miscarriage of justice that could not be cured by correcting instructions.

The motion was granted, the jury was discharged, and the trial was concluded by judge alone.

The plaintiff sued the defendants for damages after slipping and falling on a clear, greasy cleaning substance outside an elevator on the defendants' premises.

The court found the defendants 100% liable under the Occupiers' Liability Act, as their cleaner had improperly sprayed the substance onto the elevator doors, causing it to pool on the shiny granite floor without warning signs.

The court rejected arguments of contributory negligence.

The plaintiff suffered a mild traumatic brain injury (concussion) and chronic soft tissue injuries, leading to chronic migraines and neck pain that significantly impacted her career trajectory in the financial sector.

The court awarded $115,000 in general damages, $173,400 for past income loss, $501,500 for future loss of earning capacity (after a 15% contingency deduction), $10,000 for special damages, and $15,000 for past loss of housekeeping capacity.