Landlords Cannot Escape Statutory Duty Via Waiver Clause In Slip And Fall: Ontario Court

• Published date: 14 September 2022
• Subject Matter: Insurance, Real Estate and Construction, Insurance Laws and Products, Real Estate, Landlord & Tenant - Leases
• Law Firm: Alexander Holburn Beaudin + Lang LLP
• Author: Ms Jennifer Huneault

This case summary is part of "Ontario Occupiers' Update", a quarterly newsletter by Associate Counsel Jennifer Huneault summarizing recent Court decisions concerning occupiers' liability issues in Ontario.

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LEWIS V. 3414493 CANADA INC., 2022 ONSC 2769

Justice Perell, in the case of Lewis v. 3414493 Canada Inc., 2022 ONSC 2769, considered the effect of a liability exculpatory clause in a residential tenancy agreement in a slip and fall action. The decision of the Court was released on May 9, 2022.

The plaintiff, Terry Lewis (the "Plaintiff") alleged that on February 20, 2019, she fell in the parking lot of her apartment residence, causing injury. It was alleged that the fall occurred due to an accumulation of ice that was concealed by snow. As a result, she commenced an action seeking damages. Named as defendants to the claim were the property landlords 3414493 Canada Inc., Accomplish Investments Limited and Canadian Apartment Properties Real Estate Investment Trust (the "Defendants"); along with the winter maintenance contractor hired by the Defendants, Zegas Group Ltd.; and the winter maintenance subcontractor 217572 Ontario Inc. o/a Emerald Horizons.

The...