In a slip and fall case, the plaintiff tenant brought a motion to strike a landlord's defence relying on an exculpatory waiver provision in the residential tenancy agreement.
The landlord defendants brought a cross-motion to strike the plaintiff's reply pleading.
The court granted the plaintiff's motion, affirming that landlords cannot contract out of their statutory duties to maintain safe premises under the Residential Tenancies Act, 2006 and the Occupiers' Liability Act.
As a result, the plaintiff's reply became moot, and the defendants' cross-motion to strike the reply was also granted.
