Dr. Mah

The appellant, Ontario Place Corporation, appealed a trial judge's decision finding them liable under the Occupiers' Liability Act for injuries sustained by the respondent, Patrick Lyng, on their premises.

The trial judge found Ontario Place 75% liable and the respondent 25% contributorily negligent for a knee injury sustained after jumping down a wet, slippery hill when a pedestrian bridge was closed.

The appeal raised issues regarding the theory of liability, causation, breach of duty under the Act, contributory negligence, and the award for loss of competitive advantage.

The Court of Appeal dismissed the appeal, affirming the trial judge's findings on all grounds, including the "train of events" causation and the damages award.

The plaintiff, Patrick Lyng, sued Ontario Place Corporation under the Occupiers' Liability Act for a serious knee injury sustained after a concert.

The injury occurred when he fell down a wet, grassy hill after a pedestrian bridge, the shortest route to the Go Station, was closed.

The court found Ontario Place Corporation 75% liable for failing to take reasonable care by not providing adequate warnings or barriers for the known hazardous hill, especially given the wet conditions and the presence of intoxicated patrons.

The plaintiff was found 25% contributorily negligent for jumping down the hill while intoxicated and wearing flip-flops.

The court awarded damages for non-pecuniary loss, past income loss, and future loss of competitive advantage, totaling $131,525.41 before prejudgment interest, reduced by the plaintiff's contributory negligence.

The applicant sought various statutory accident benefits, including income replacement, medical, attendant care, and housekeeping benefits, following a motor vehicle accident.

The arbitrator dismissed the application in its entirety, finding the applicant lacked credibility due to numerous inconsistencies, deliberate misrepresentations about his living arrangements, and evidence of symptom exaggeration.

The arbitrator also found that the applicant made a material misrepresentation by failing to notify the insurer that he was residing and working in Illinois, which voided his entitlement to income replacement and housekeeping benefits under section 30(2) of the Schedule.