Statement of Defence (Slip and Fall, Ice) (Sample) (ON)

Summary

This precedent is a sample statement of defence in which the defendant pleads that is it not negligent for the plaintiff's injuries caused after a slip and fall on an icy sidewalk or walkway. 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 to guarantee the complete safety of persons entering upon the premises. The answer to...