Melissa MacLeod

The plaintiff brought an occupiers’ liability action after slipping on a greasy food substance in a casino buffet restaurant.

The court considered whether the occupier breached the duty of care under s. 3(1) of the Occupiers’ Liability Act by failing to implement adequate inspection and cleaning policies.

Evidence showed that multiple staff members were responsible for monitoring and cleaning spills and that the spill causing the fall had occurred only seconds before the incident.

The court held that the inspection system was reasonable in the circumstances of a busy buffet-style restaurant and that no breach of the statutory duty of care was established.

In the alternative, the court found the plaintiff failed to prove causation because the spill occurred only moments before the fall and could not reasonably have been prevented.

The applicant was injured in a motor vehicle accident and commenced a court action for accident benefits within the limitation period.

She later applied for arbitration regarding catastrophic impairment.

The priority insurer successfully moved to have the issues heard together in arbitration, but then argued the income replacement benefits claim was time-barred from being added to the arbitration.

The arbitrator ruled the claim was not time-barred, but the director's delegate reversed this decision.

On judicial review, the Divisional Court held that commencing a proceeding within two years of the refusal to pay fully satisfies the limitation requirement, even if the claim is subsequently added to a later proceeding.

The application for judicial review was granted.