The plaintiff, Kevin Bucknol, sued 2280882 Ontario Inc. (operating as Classic Lounge) for negligence and breach of the Occupiers' Liability Act after sustaining a significant eye injury from a thrown beer bottle in the nightclub.
The defendant moved for summary judgment to dismiss all claims.
The court granted the defendant's motion, finding no genuine issue for trial.
It concluded that the defendant had fulfilled its duty of reasonable care, the incident was not reasonably foreseeable, and the plaintiff's claim of spoliation regarding deleted surveillance footage was not established as litigation was not contemplated at the time of deletion.
