Posts Categorized: slip and fall

Absence of Maintenance Records to Prove Snow and Ice Removal > Defendant Still Successful in Lawsuit

Case Comment – Coulson v. Hamilton (City), (2008 Ontario Superior Court of Justice)

The 68 year old female plaintiff slipped in February, 2003 on what she said was black ice, suffering injury.  At Trial only liability was argued, as damages were agreed upon by the parties to be $105,000.  The action was started against the City of Hamilton and the property owner fronting the subject sidewalk; the action was dismissed against the City prior to the Trial and the Trial was against the property owner only.… Continue Reading

Case Summary – Hibberd v. William Osler Health Centre (2009) Ontario Superior Court per Pattillo, J.

This is a recent decision involving the slip and fall of a pediatric dental surgeon in the William Osler Health Centre hospital.  The plaintiff, Dr. Hibberd, fell on the wet hospital floor and contrary to hospital policy, there was no warning sign indicating a wet floor.

On liability, Pattillo, J., after an extensive analysis of the Occupier’s Liability Act and the evidence concerning the hospital’s policy and practices, held the hospital negligent for having failed to follow their policy on posting signs warning of wet floors.… Continue Reading