The plaintiff, Gregory Cannon, brought a slip-and-fall claim against Cemcor Apartments Inc. after sustaining a broken leg in the apartment building's parking lot.
The plaintiff alleged the landlord failed to properly maintain the parking lot in a safe condition during winter.
The defendant had a verbal contract with a snow removal contractor, Myles Property Management Inc., who was later released from the action.
The trial proceeded solely on the issue of liability.
The court found that the defendant had a reasonable winter maintenance policy in place, considering the conditions in Northern Ontario, and that this policy was reasonably followed.
The plaintiff's and his witnesses' credibility regarding the extent of hazardous conditions was questioned, with the court finding only an isolated slippery spot.
Consequently, the plaintiff failed to establish that the defendant breached its obligations under the Occupier's Liability Act, and the claim was dismissed.
