2 total
Motion to compel discovery answers granted in part; post-incident remediation questions ordered answered.
The plaintiffs brought a motion to compel answers to questions refused or taken under advisement during the defendant's examination for discovery in a slip and fall action.
The court categorized the questions into three groups.
The court held that the defendant's review of six months of prior records for past issues with the floor mat was sufficient.
However, the court ordered the defendant to answer questions regarding post-incident remedial measures, finding them relevant to the standard of care.
Finally, the court ordered the defendant to provide evidence on why a Claims Management Report was prepared to allow the plaintiffs to assess the defendant's claim of litigation privilege.
Summary judgment denied as genuine issues for trial exist regarding occupier status and duty of care.
The defendant brought a motion for summary judgment to dismiss the plaintiffs' claim for damages arising from a slip and fall on a stairway.
The plaintiff fell while carrying a large basket down the stairs at a home owned by the co-defendant, where the moving defendant frequently stayed.
The court found genuine issues for trial regarding whether the moving defendant was an 'occupier' under the Occupiers' Liability Act and whether she breached a duty of care by instructing the plaintiff to carry the basket downstairs.
The motion for summary judgment was dismissed.
