Carolyn Krebs

The plaintiff, a 61-year-old tenant, tripped and fell on a wooden post protruding from the ground in a poorly lit grassy area at the back of her apartment building.

She sustained a severe fracture to her right arm requiring two surgeries and resulting in permanent impairment.

The court found the defendant landlord liable under the Occupiers' Liability Act for failing to maintain the premises and ensure reasonable safety.

The plaintiff was awarded $236,626.36 in total damages, including $150,000 for general damages, despite her pre-existing medical conditions.

The defendant corporation brought a motion seeking leave under Rule 15.01(2) of the Rules of Civil Procedure to be represented by a non-solicitor, its director, and for an extension of time to file a defence.

The court found that the corporation failed to provide sufficient evidence regarding its financial inability to retain counsel, proper authorization by the board of directors, and the proposed representative's ability to properly carry out the duties of a litigant.

The motion was dismissed, and the corporation was ordered to retain counsel within 30 days.