2 total
Summary judgment motion dismissed as genuine issue for trial exists regarding occupier's liability for roof fall.
The plaintiff was injured after falling or jumping from the roof of a commercial building owned and occupied by the defendants.
The plaintiff and the individual defendant had gone to the roof to smoke, but the door locked behind them, leaving them stranded.
The defendants brought a motion for summary judgment to dismiss the action, arguing the plaintiff was solely responsible for her injuries by venturing away from the door.
The court dismissed the motion, finding that a trier of fact could conclude the defendants breached their duty of care under the Occupiers' Liability Act and that such breach was a proximate cause of the injuries, thus presenting a genuine issue requiring a trial.
Defendant failed to justify transferring trial venue from plaintiff’s chosen county.
The defendant employer brought a motion in a wrongful dismissal action seeking to change the place of trial from Kitchener, selected by the plaintiff in the statement of claim, to either Walkerton or Owen Sound.
The court reviewed Rule 13.1.02 of the Rules of Civil Procedure and the presumption favouring the plaintiff’s chosen venue unless a clear advantage or interests of justice justify transfer.
Although the underlying events occurred in Owen Sound and the defendant’s witnesses resided there, the court found the witnesses could travel to Kitchener without significant inconvenience and the matter could be scheduled there promptly.
The defendant failed to demonstrate that the proposed venue was clearly more advantageous or necessary for a fair and efficient trial.
The motion to change the place of trial was therefore dismissed.
