No Substance No Judgment

The plaintiff's claim relates to a slip and fall that occurred, in a washroom, at Casino Rama on February 16, 2015. The plaintiff did not notice that the floor was wet, as she entered the washroom, but admitted she did notice a custodian and a yellow caution sign on the floor. The plaintiff claims that the floor was wet and slippery, which caused her to fall.

Casino Rama's position was that the plaintiff had failed to provide any direct evidence that there was an unsafe condition and, rather, she had "rationalized the explanation for the fall."

The court relied on the Hamilton v Ontario Corporation 2000533 decision where the court granted the defendant's motion for summary judgment. In this decision, the plaintiff "subjectively believed" that her fall was caused by a slippery vinyl floor in the corridor outside of her apartment, but was unable to provide any objective evidence of anything that could have caused the floor to be slippery. Further, there was no evidence of a general lack of maintenance in the corridor that could give rise to a determination of an unsafe condition to which the plaintiff's fall could be connected, causally, or by reasonable inference.

In Rietta the court agreed with the plaintiff's assertion that her case...