Yianniko Kozoronis

The defendants moved for summary judgment to dismiss the plaintiff's negligence claim, arguing issue estoppel, abuse of process, and collateral attack based on a prior Landlord and Tenant Board decision.

The Board had found the landlord breached maintenance obligations but did not find that the lack of a handrail caused the plaintiff's fall.

The court dismissed the summary judgment motion, finding it would be unjust to apply issue estoppel or abuse of process due to scant evidence, unrepresented parties, and lack of detailed reasoning at the Board.

The court also determined that the action was not a collateral attack, as the application of the Occupiers' Liability Act was a new issue not before the Board, and the Board's jurisdiction over that matter was questionable.

The plaintiff brought a motion to amend her statement of claim in a slip and fall action to add Safety First Services Inc., an existing third party, as a defendant to the main action, despite the expiration of the two-year limitation period.

The court granted leave to amend, finding that the plaintiff had raised a triable issue regarding the discoverability of the claim against Safety First, and allowed Safety First to plead limitations as a defence in its statement of defence.