Statement of Claim (Slip and Fall) (Sample) (ON)

Summary

This precedent is a statement of claim seeking damages for personal injuries suffered in a slip and fall accident caused by snow or ice on a sidewalk. The plaintiff is commencing an action against the municipality, lessee and/or occupier, and winter maintenance subcontractor. This precedent includes practical guidance and drafting notes. Section 3(1) of the Occupiers' Liability Act, R.S.O. 1990, c. O.2 ("Act") states that an occupier "owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on those premises by those persons are reasonably safe while on the premises". The term "reasonable" is not defined by the Act, leaving the term subject to judicial and statutory interpretation. A plain reading of s. 3(1) of the Act makes it clear that the drafters of the legislation did not view perfection as the standard to be met by the occupier. There is no requirement in the wording for occupiers ...