The plaintiff tripped and fell in a pothole in a Sobeys parking lot.
Sobeys brought a motion for summary judgment, arguing it had delegated responsibility for parking lot maintenance to its landlord, the co-defendant, via a lease agreement.
The court dismissed the motion, finding that a mere assignment of responsibility is insufficient to discharge an occupier's duty under the Occupiers' Liability Act.
A genuine issue for trial exists regarding whether Sobeys implemented an adequate system of inspection to ensure the co-defendant was acting properly and competently.
