The defendants, CP REIT Ontario Properties Limited and Arcturus Realty Corporation, brought motions for summary judgment to dismiss the plaintiff's claim under the Occupiers' Liability Act.
The plaintiff was struck by a car in a shopping plaza managed by the defendants.
The court considered conflicting expert opinions regarding site safety and pedestrian "desire lines" and the impact of a jury notice on summary judgment motions.
The court found that a genuine issue for trial existed, as a reasonable jury, properly instructed, could find the defendants liable for breaching the Occupiers' Liability Act.
Consequently, the motions for summary judgment were dismissed.
