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Ontario court rules Starbucks ‘occupier’ of adjacent sidewalk in personal injury case

Monday, May 08, 2017 @ 7:04 AM | By Christopher Guly

Commercial establishments that rely on a portion of municipal property to welcome customers should take note of an Ontario Court of Appeal decision released last week.

Murray TkatchIn MacKay v. Starbucks Corporation 2017 ONCA 350, the court unanimously upheld a lower-court ruling that found the Toronto coffeehouse outlet was responsible, under Ontario’s Occupiers’ Liability Act (OLA), for a portion of the ice-covered municipal sidewalk at its side entrance where respondent Carole MacKay fell and broke her ankle in February 2007.

In her 2015 decision, Ontario Superior Court...