The plaintiff, Sandra Tondat, brought a claim for damages against Hudson's Bay Company and Quinterra Property Management Inc. following a slip and fall accident in the Bay store's vestibule.
The incident occurred on December 2, 2012, during light rain, when Ms. Tondat slipped on a wet tiled floor after stepping off a mat, resulting in a broken kneecap.
The parties agreed on the quantum of damages if liability was established.
The court found both Hudson's Bay and Quinterra to be occupiers under the Occupiers’ Liability Act.
Despite expert evidence suggesting the floor was not unreasonably dangerous when wet, the court found that Quinterra failed to implement or adjust its cleaning system to adverse weather conditions, thereby breaching its duty of care.
Judgment was rendered in favour of the plaintiff against Quinterra for $100,000 in damages.
