Allan Shulman

The defendant retailer brought a motion for summary judgment dismissing a negligence and occupiers’ liability claim after a customer was struck by an ice cream container that fell while she attempted to remove stacked containers from a high freezer shelf.

The plaintiffs alleged the store negligently stacked the products and breached its duty under the Occupiers’ Liability Act.

The court reviewed the modern summary judgment framework under Rule 20 of the Rules of Civil Procedure and concluded there was no genuine issue requiring a trial.

The evidence showed the stacking method was consistent with industry practice and did not create an unreasonable risk of harm.

The court held the incident resulted from the plaintiff’s own actions in attempting to remove the containers from above head height and dismissed the action.

The appellant appealed an arbitration order denying his claim for weekly income benefits following a motor vehicle accident.

The appellant, a self-employed businessman, claimed he was unable to work as a transmission mechanic due to right wrist and shoulder injuries.

The Director's Delegate upheld the arbitrator's decision, finding that the appellant failed to provide credible, independent financial records to establish his pre-accident self-employment income or business losses.

Furthermore, the appellant's credibility was undermined by his failure to disclose a prior wrist fracture and surveillance evidence showing him working after the accident.

The appeal was denied.