The plaintiff was severely assaulted by another customer in the vestibule of a TD Bank ATM late at night.
The plaintiff sued TD Bank for negligence and breach of the Occupier's Liability Act, alleging inadequate security measures.
TD brought a motion for summary judgment to dismiss the action.
After conducting a voir dire to determine the admissibility of five expert reports, the court found that the assault was a random, unforeseeable event and that TD's security measures were reasonable for a low-risk branch.
The court granted summary judgment and dismissed the action against TD.
