What is the duty of an occupier to make a premises reasonably safe?
British Columbia, Canada
The following excerpt is from Lam v Westbank Projects Corporation, 2018 BCSC 1708 (CanLII):
While it is the case that the occupier is not an insurer and that the standard is not one of perfection, the Act does place an affirmative duty on the occupier to make the premises reasonably safe. See Waldick v. Malcolm, 1991 CanLII 71 (SCC), [1991] 2 S.C.R. 456. [Emphasis in original.]
Recently, in Wingrave v. Pure Painters Inc., 2018 BCSC 58 at paras. 20, 25 [Wingrave], Mr. Justice Macintosh provided a useful summary of the governing principles, citing the well-known decision of Arkesteyn v. Burgess, [1989] B.C.J. No. 264 (S.C.):
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