The plaintiff, a teacher's aide, slipped and fell at a municipally run daycare located in a school.
The WSIB brought a subrogated claim against the landlord school board.
The school board brought a third-party claim against the tenant municipality for contribution and indemnity under their lease agreement.
Both parties brought motions to determine questions of law regarding the lease's insurance and indemnity clauses.
The court found that the tenant had contractually assumed the risk of damages arising from the maintenance of the premises and was required to defend and indemnify the landlord school board.
