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Occupiers' liability action dismissed; homeowner not required to police spouse leaving sandals on back stoop.
The plaintiff tripped over sandals left on the back stoop of the defendant's home by the defendant's wife.
The plaintiff sued the defendant under the Occupiers' Liability Act.
The court dismissed the action, finding that the defendant met the standard of care of a reasonable person in the circumstances.
The court held that an occupier is not required to police a capable adult spouse's habit of leaving sandals on a stoop, nor to warn visitors of such a habit.
The court also found that causation was not established and noted in obiter that the plaintiff would have been 25 percent contributorily negligent for failing to look where she was stepping.
Application for accident benefits dismissed; injuries fell within the Minor Injury Guideline and IRB criteria unmet.
The applicant sought statutory accident benefits following a motor vehicle accident, claiming his injuries fell outside the Minor Injury Guideline (MIG) and seeking further chiropractic treatments and income replacement benefits (IRBs).
The adjudicator found that the applicant failed to provide compelling medical evidence to prove his injuries were non-MIG, relying instead on the insurer's medical assessments which diagnosed minor strains and no psychological impairment.
Consequently, the claim for further medical benefits was denied as the $3,500 MIG limit had been reached.
The claim for IRBs was also dismissed, as the evidence demonstrated the applicant was not substantially unable to perform the essential tasks of his employment.
