Connor O’Neil

The defendants, the City of Mississauga and Peel Condominium Corporation #89 (PCC89), brought motions for summary judgment to dismiss the plaintiff's action for injuries sustained in a trip and fall on a municipal boulevard.

The City argued the boulevard was in reasonable repair or that it lacked knowledge of the non-repair and took reasonable steps.

PCC89 argued it was not an occupier of the municipal property and had no liability.

The plaintiff contended both defendants owed a duty of care and that genuine issues for trial existed regarding the hole's size, the defendants' occupier status, and the reasonableness of their inspection policies.

The court dismissed both summary judgment motions, finding that there were genuine issues requiring a trial, including the actual size of the hole, the extent of PCC89's maintenance and control over the boulevard, and the reasonableness of the City's inspection policy.

This case involves an appeal from an arbitrator's decision in an insurance priority dispute.

The arbitrator found that an employer (insured by Old Republic) made a vehicle available for an employee's regular use at the time of an accident, requiring Old Republic to pay statutory accident benefits.

The employee, a short-haul truck driver, was injured while driving his mother-in-law's car to work, but had permission to sleep in a company truck the night before a haul.

The Superior Court of Justice dismissed Old Republic's appeal, affirming the arbitrator's decision.

The court also clarified that correctness is the appropriate standard of review for such priority decisions where there is no significant factual issue to be decided.