Is there any case law that supports the argument that an amusement ride is a common carrier?

Ontario, Canada


The following excerpt is from Mallais v. D.A. Campbell Amusements Limited, 2007 ONCA 82 (CanLII):

In other jurisdictions, the courts have articulated the control test and held that since amusement rides, like common carriers, are controlled by their operators, they should be subject to the higher standard of care that applies to common carriers: see, for example, Gomez v. Superior Court, 113 P. 3d 41 (Cal. 2005).

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