The plaintiff sought damages after a fall from an apartment building fire escape, alleging breach of the Occupiers’ Liability Act and the Fire Code due to accumulated snow and ice.
The court held that fire escapes must be kept safe for emergency use and that the occupier’s duty was not negated merely because tenants used the area for smoking, but found the defendants had a reasonable winter maintenance system in place.
The plaintiff failed to prove on a balance of probabilities that ice on the fire escape caused the fall, particularly given credibility problems, inconsistent accounts of the accident, and photographic and witness evidence inconsistent with the alleged icy condition.
The action was dismissed.
The court nevertheless assessed hypothetical damages totalling substantial non-pecuniary, loss of competitive advantage, future care, and OHIP subrogated amounts.
