What is the test for the proposition of working on a roof that requires the occupier to take every conceivable precaution, or run the risk of being found negligent?
Manitoba, Canada
The following excerpt is from Carlson v. Dunn et al., 2019 MBQB 144 (CanLII):
In support of their position, the defendants cite Wood v. Ward, 2009 ABCA 325, aff’g 2009 ABQB 220, for the proposition of working on a roof, “the law does not require the occupier to take every conceivable precaution, or run the risk of being found negligent” (at para. 13).
The defendants relied on Mahe v. Boulianne, 2010 ABCA 32, in support of the position that a visitor who possesses professional knowledge and expertise cannot expect the occupier to instruct him in safety measures. Also cited was Osmond v. Watkins, 2018 ONCA 386, aff’g 2017 ONSC 5729, supporting the proposition that the owner of the property need not provide safety equipment to an experienced contractor.
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