What is the test for a motion of no evidence in a personal injury action brought by a plaintiff who was injured on a Defendant homeowner's property?
British Columbia, Canada
The following excerpt is from Robson v. Spencer, 2006 BCSC 1240 (CanLII):
While the Act itself requires that an occupier must act reasonably the law is quite clear that a defendant homeowner is not an insurer of the plaintiff’s safety. In Chapman v. Bullock, [2002] B.C.J. No. 2998, 2002 BCSC 1805, Vickers J. allowed a no evidence motion to succeed. He said at paragraph 8: The fact that the plaintiff was injured on the defendant’s property does not create a presumption of negligence. The defendant is not an insurer of the plaintiff’s safety . . .
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