The defendant brought a motion for summary judgment seeking dismissal of an action arising from catastrophic injuries suffered when the plaintiff fell from a ladder while removing a sign from a commercial building.
The defendant argued it was not an “occupier” of the premises under the Nova Scotia Occupiers' Liability Act and therefore owed no duty of care, or alternatively that the plaintiff willingly assumed the risk.
The court held that the evidentiary record permitted a finding that the defendant exercised sufficient control over the premises and the activity to qualify as an occupier, and that the plaintiff’s presence on the municipal sidewalk was incidental to work being performed on the building.
The court further held that issues concerning the occupier’s duty in relation to the conduct of third parties and the alleged assumption of risk required a full trial.
Summary judgment was therefore inappropriate.
