The plaintiff was injured by falling ice from a grocery store canopy.
The property owner, Riocan, and its winter maintenance contractor, Clintar, brought cross-motions for summary judgment to determine liability and indemnification.
Clintar argued it was not responsible for clearing canopies and relied on Riocan's past conduct of clearing the canopy.
The court found the contract unambiguously required Clintar to clear snow from canopies and that the entire agreement clause precluded unwritten amendments.
The court rejected Clintar's promissory estoppel argument and held that Clintar breached the contract, triggering the hold harmless clause.
Clintar was ordered to indemnify Riocan.
