What is the standard of care of the owner of a commercial property where someone slips and falls and falls?

Ontario, Canada


The following excerpt is from St. Louis-Lalonde v. Carleton Condominium Corp. No. 12, 2005 CanLII 23112 (ON SC):

In Britt v. Zagjo Holdings Ltd., [1996] O.J. No. 1014, Mr. Justice Killeen addressed the standard of care in cases involving persons injured on commercial properties. His decision dealt with a plaintiff who slipped and fell, as a result of the poor maintenance of the parking lot, at one of the defendant’s buildings. He stated at paragraph 14: ¶ 14 In cases involving commercial properties of this kind, the question of liability inevitably turns on what kind of system the owner had put in place to meet the statutory duty to keep the premises reasonably safe. It is important to emphasize, as all the decided cases emphasize, that the owner is not the guarantor or insurer of the visitor’s safety, and hence, does not have to set up a full-proof standard, nor does the owner’s system have to be a model of perfection. The standard is reasonableness in all the circumstances.

Other Questions


In what circumstances will the court grant promissory estoppel to a property owner who has been ordered to pay out a loan to the property owner for the past year? (Ontario, Canada)
In what circumstances will a municipality be liable for failing to prevent a pedestrian from slipping and falling on a section of the highway where he was walking at the time of the slip and fall? (Ontario, Canada)
Does the term owner include the registered owner and the actual owner? (Ontario, Canada)
Is it appropriate for a property owner to sue for damages against a property developer? (Ontario, Canada)
Is it unconscionable for a property owner to withdraw permission from his neighbour’s use of his property? (Ontario, Canada)
What is the test for a court to determine whether a party to a claim against a property is entitled to sue the property owner? (Ontario, Canada)
Can a dock and wharf installed on a neighbouring property prevent a property owner from accessing access to the lake? (Ontario, Canada)
If the parties cannot agree as to the costs of a commercial tenant in a commercial property, can the tenant and the landlord agree to pay the costs? (Ontario, Canada)
What is the test for establishing that the owner of a property is not a party to the title of the property, and if so, what are the requirements? (Ontario, Canada)
Is a chalet owner entitled to increase the value of the property as a result of the owner's efforts to improve its value? (Ontario, Canada)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.