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OCCUPIERS' LIABILITY - Definitions - Occupier - Statutory - Particular situations - Ice and snow

Tuesday, May 16, 2017 @ 8:45 AM  

Appeal by the defendant, Starbucks, from a pre-trial ruling that it was an occupier for the purpose of the Occupiers' Liability Act (OLA). The plaintiff slipped and fell on an ice-covered municipal sidewalk at the entrance to a Starbucks patio. The Starbucks was located within a small retail mall. The patio was enclosed by a fence that included an opening that seamlessly joined the patio with the sidewalk. The trial judge found that the patio was not a common element of the shopping centre complex, and...