Matt Lalande

Following a two-day trial where the plaintiff was awarded $100,000 in agreed damages for a slip and fall, the plaintiff sought costs of $159,947.37.

The court rejected the plaintiff's claim for substantial indemnity costs and reduced the claimed fees and disbursements, noting the trial was uncomplicated and the plaintiff provided insufficient docket details for early work.

Costs were fixed at $82,475, inclusive of fees, disbursements, HST, and prejudgment interest.

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.

The appellants appealed an order of the Superior Court of Justice.

The Court of Appeal found no reason to interfere with the lower court's decision and dismissed the appeal, awarding costs of $8,000 to the respondent.