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Appeal dismissed; exclusion of expert slip resistance testing was proper.
The appellant appealed a jury verdict dismissing her negligence action against the respondent homeowners after she slipped and fell on their staircase.
The appellant argued the trial judge erred in excluding the first set of expert slip resistance testing, resulting in a miscarriage of justice.
The Court of Appeal found no error in the trial judge's gatekeeping decision under the White Burgess framework, as the excluded testing differed materially from the actual conditions.
Even if the exclusion were erroneous, no miscarriage of justice resulted because the tampering theory was still advanced at trial through other evidence and the jury's verdict turned on the credibility of the parties.
The court dismissed an occupier's liability claim for a slip and fall in a condominium washroom, finding no breach of the standard of care.
The plaintiff, Vida Mansori, brought a claim under the Occupiers' Liability Act after slipping and falling in a public washroom at a condominium building managed by the defendants.
The plaintiff suffered significant injuries.
The court considered expert evidence on the slip resistance of the washroom tiles and the defendants' maintenance schedule.
The court found that the washroom floor was not inherently unsafe and that the defendants had taken reasonable steps to ensure safety, including regular cleaning and security checks.
The court concluded that the plaintiff failed to prove negligence on the part of the defendants, dismissing the action.
Damages were provisionally assessed at $100,000 had liability been found.
