D. Lambe

The plaintiff was injured by falling ice from a grocery store canopy.

The property owner, Riocan, and its winter maintenance contractor, Clintar, brought cross-motions for summary judgment to determine liability and indemnification.

Clintar argued it was not responsible for clearing canopies and relied on Riocan's past conduct of clearing the canopy.

The court found the contract unambiguously required Clintar to clear snow from canopies and that the entire agreement clause precluded unwritten amendments.

The court rejected Clintar's promissory estoppel argument and held that Clintar breached the contract, triggering the hold harmless clause.

Clintar was ordered to indemnify Riocan.

The appellant appealed a decision of the Consent and Capacity Board confirming his attending physician's finding that he lacked capacity to consent to psychiatric treatment.

The appellant argued procedural unfairness and that the finding of incapacity was unreasonable.

The Superior Court of Justice found no procedural unfairness but concluded the Board's decision on capacity was unreasonable.

The court noted a lack of evidence that the physician had actually explained the proposed treatment, its consequences, or alternatives to the appellant, which is a prerequisite to finding an inability to appreciate reasonably foreseeable consequences.

The appeal was allowed and a new hearing ordered.