The City of Toronto brought a motion for summary judgment in a slip and fall case.
The plaintiff alleged the City created a hazard (protruding bolts) on land it owned but leased to Humber College.
The court found that the plaintiff failed to prove the City created the hazard while it had control of the premises (prior to 2004).
Furthermore, the City was not an "occupier" under the Occupiers' Liability Act at the time of the accident in 2010, as the lease transferred maintenance responsibility to Humber College.
The court also found no common law duty of care owed by the City given the passage of time, the tenant's explicit duties, and the obvious nature of the hazard.
The motion for summary judgment was granted, and the action against the City was dismissed.
