More From the BC Court of Appeal On Occupier's Liability Lawsuits

Last month the BC Court of Appeal released reasons for judgement clarifying that there is only one standard of care to be applied in BC Occupier’s Liability lawsuits.  This week the BC Court of Appeal released further reasons for judgement providing a useful summary of the legal principles to be applied in these types of claims.
In this week’s case (Foley v. Imperial Oil Limited) the Plaintiff, an ICBC adjuster, slipped and fell on ice at an Esso Station in North Vancouver.  He dislocated his knee and sued for damages.  At trial his claim succeeded and he was awarded just over $45,000 in damages.  The Defendant appealed arguing the trial judge misapplied the law.  The BC Court of Appeal disagreed and upheld the trial judgement.  In doing so the Court provide the following helpful summary of the legal principles in occupier’s liability litigation:

[26] The law on occupiers’ liability has gradually merged from the “rigid rules and formal categories” of the common law that “spawned confusion and injustice”, into the general principles that govern the law of negligence. See Allen M. Linden and Bruce Feldthusen, Canadian Tort Law, 9th ed. (Markham, ON: LexisNexis Canada Inc., 2011) at p. 705.

[27] The duty of an occupier is now governed by s. 3 of the Act, which provides:

Occupiers’ duty of care

3(1) An occupier of premises owes a duty to take that care that in all the circumstances of the case is reasonable to see that a person, and the person’s property, on the premises, and property on the premises of a person, whether or not that person personally enters on the property, will be reasonably safe in using the premises.

(2) The duty of care referred to in subsection (1) applies in relation to the

(a)   condition of the premises

(b)   activities on the premises, or

(c)   conduct of third parties on the premises.

[28] The standard imposed by the Act is one of reasonableness: the reasonableness of the system implemented to safeguard the particular risk on the premises, and the reasonableness of the implementation of that system. The standard of reasonableness is not one of perfection. As was noted by the trial judge at para. 55, citing Lamont v. Westfair Properties (Pacific) Ltd., 2000 BCSC 406 at para. 20, “An occupier is not expected to be an insurer against all risks[.]”

[29] The Act provides a complete code regarding the duty of an occupier of land. Reference to earlier common law cases is no longer required and may, in fact, result in legal error if the wrong standard of care (one based on the common law categories) is applied, rather than the statutory standard of care. The comprehensive nature of the standard of care of an occupier under the Actwas confirmed in Weiss v. Young Men’s Christian Association of Greater Vancouver (1979), 11 B.C.L.R. 112 (C.A.), where Mr. Justice Aikins, for the Court, noted at 118:

… In my view, s. 3(1) is comprehensive, in the sense that it fully and clearly imposes a duty on an occupier and defines the standard of care necessary to fulfil that duty. Thus, in my judgment, it is unnecessary to an understanding of the standard prescribed by the subsection to refer to any of the specially formulated standards of care laid down in the common law cases. Indeed, to do so is more likely to mislead than assist in understanding what the subsection says.

[30] As with any tort claim, the party advancing the claim carries the burden of proof on a balance of probabilities. The burden of proof in establishing liability under the Act was described inKayser v. Park Royal Shopping Centre Limited (1995), 16 B.C.L.R. (3d) 330 (C.A.) as follows:

[13]      The onus of proof on a plaintiff to prove the liability of a defendant on a balance of probabilities in a standard negligence action also applies in cases arising under the Occupiers Liability Act. As Wood J.A. held in Bauman v. Stein (1991), 78 D.L.R. (4th) 118 (B.C.C.A.) at 127:

Section 3 of the Occupiers Liability Act does not create a presumption of negligence against “the occupier of the premises” whenever a person is injured on the premises. A plaintiff who invokes that section must still be able to point to some act (or some failure to act) on the part of the occupier which caused the injury complained of before liability can be established.

bc injury law, Foley v. Imperial Oil Limited, occupier's liability lawsuits, slip and fall lawsuits

Comments (98)

  • I simply want to tell you that I’m all new to blogging and truly loved your blog site. More than likely I’m going to bookmark your blog . You absolutely have exceptional articles. With thanks for sharing your web site.

  • I just want to say I am just beginner to blogs and truly liked you’re web-site. Probably I’m likely to bookmark your site . You amazingly have awesome well written articles. Thanks for sharing your website.

  • I really like your writing style, excellent info, appreciate it for putting up :D. “He wrapped himself in quotations- as a beggar would enfold himself in the purple of Emperors.” by Rudyard Kipling.

  • Hey there I am so glad I found your web site, I really found you by error, while I was researching on Bing for something else, Anyhow I am here now and would just like to say many thanks for a marvelous post and a all round entertaining blog (I also love the theme/design), I don’t have time to read through it all at the moment but I have bookmarked it and also added your RSS feeds, so when I have time I will be back to read more, Please do keep up the fantastic work.

  • A person essentially assist to make critically posts I might state. That is the first time I frequented your web page and to this point? I amazed with the research you made to create this particular put up extraordinary. Fantastic job!

  • I¡¦m now not sure the place you are getting your info, but good topic. I needs to spend a while finding out much more or figuring out more. Thank you for excellent info I used to be looking for this info for my mission.

  • Great goods from you, man. I’ve understand your stuff previous to and you are just too great. I really like what you have acquired here, really like what you’re saying and the way in which you say it. You make it enjoyable and you still care for to keep it smart. I can not wait to read far more from you. This is actually a terrific web site.

  • One more issue is really that video gaming has become one of the all-time largest forms of excitement for people spanning various ages. Kids have fun with video games, and adults do, too. Your XBox 360 is amongst the favorite video games systems for folks who love to have a huge variety of games available to them, as well as who like to relax and play live with other people all over the world. Thanks for sharing your ideas.

  • An additional issue is really that video gaming became one of the all-time most significant forms of excitement for people spanning various ages. Kids have fun with video games, and also adults do, too. Your XBox 360 is among the favorite video games systems for people who love to have hundreds of activities available to them, along with who like to experiment with live with some others all over the world. Thank you for sharing your ideas.

  • Do you have a spam problem on this website; I also am a blogger, and I was curious about your situation; we have developed some nice practices and we are looking to exchange methods with other folks, be sure to shoot me an email if interested.

  • Can I simply say what a aid to seek out somebody who actually is aware of what theyre talking about on the internet. You undoubtedly know how to deliver a difficulty to gentle and make it important. Extra folks have to learn this and understand this aspect of the story. I cant believe youre no more in style because you definitely have the gift.

  • Wow that was odd. I just wrote an really long comment but after I clicked submit my comment didn’t appear. Grrrr… well I’m not writing all that over again. Regardless, just wanted to say superb blog!

  • Have you ever thought about including a little bit more than just your articles? I mean, what you say is important and all. Nevertheless think about if you added some great graphics or video clips to give your posts more, “pop”! Your content is excellent but with pics and videos, this blog could certainly be one of the best in its field. Wonderful blog!

  • I have been exploring for a little for any high quality articles or blog posts in this kind of space . Exploring in Yahoo I finally stumbled upon this website. Reading this information So i’m happy to show that I’ve a very just right uncanny feeling I found out exactly what I needed. I most for sure will make certain to don’t omit this website and give it a glance on a continuing basis.

  • I like the helpful info you provide in your articles. I’ll bookmark your blog and check again here regularly. I’m quite sure I will learn many new stuff right here! Best of luck for the next!

  • Hi there! Someone in my Facebook group shared this site with us so I came to check it out. I’m definitely enjoying the information. I’m bookmarking and will be tweeting this to my followers! Excellent blog and amazing design and style.

  • I’ve read a few good stuff here. Definitely worth bookmarking for revisiting. I surprise how much effort you put to create such a fantastic informative web site.

  • Thanks for your marvelous posting! I truly enjoyed reading it, you might be a great author.I will make certain to bookmark your blog and will often come back later on. I want to encourage continue your great posts, have a nice weekend!

  • It’s appropriate time to make a few plans for the future and it is time to be happy. I’ve read this post and if I may I want to suggest you some fascinating things or tips. Perhaps you could write subsequent articles regarding this article. I wish to read more issues about it!

  • Generally I do not learn post on blogs, but I wish to say that this write-up very compelled me to try and do it! Your writing style has been surprised me. Thank you, quite nice post.

  • I was suggested this web site by my cousin. I am not sure whether this post is written by him as no one else know such detailed about my problem. You are wonderful! Thanks!

  • Hey there, You have done an excellent job. I will definitely digg it and personally recommend to my friends. I am confident they’ll be benefited from this web site.

  • Needed to post you that little remark to help say thanks again for those nice views you have contributed here. It was surprisingly generous with people like you to allow unreservedly what exactly a few people would’ve offered for an ebook in order to make some dough for themselves, chiefly given that you might have tried it if you wanted. The tactics likewise acted like the great way to be sure that other individuals have the identical eagerness just as mine to find out great deal more when considering this problem. I believe there are several more fun moments in the future for many who look into your site.

  • Magnificent beat ! I wish to apprentice even as you amend your site, how could i subscribe for a weblog web site? The account aided me a acceptable deal. I had been tiny bit familiar of this your broadcast provided brilliant transparent concept

  • Hey there! I’m at work browsing your blog from my new iphone 4! Just wanted to say I love reading through your blog and look forward to all your posts! Carry on the excellent work!

  • One important issue is that if you find yourself searching for a student loan you may find that you will need a co-signer. There are many conditions where this is correct because you could find that you do not employ a past credit ranking so the mortgage lender will require that you’ve got someone cosign the money for you. Good post.

  • I am not sure where you are getting your information, but great topic. I needs to spend some time learning more or understanding more. Thanks for wonderful info I was looking for this info for my mission.

  • I’ve been browsing on-line greater than 3 hours today, but I by no means discovered any attention-grabbing article like yours. It’s pretty worth sufficient for me. In my view, if all webmasters and bloggers made good content as you did, the internet shall be much more useful than ever before.

  • I and my guys appeared to be analyzing the best helpful hints located on your website and then the sudden came up with an awful feeling I had not thanked the web blog owner for those tips. All the boys became as a result stimulated to see them and have in effect quite simply been making the most of these things. Appreciation for getting very kind and for having this form of amazing useful guides most people are really desirous to discover. My very own sincere apologies for not expressing gratitude to sooner.

  • Hi my family member! I wish to say that this article is awesome, nice written and include approximately all vital infos. I would like to see extra posts like this .

  • I loved as much as you’ll receive carried out right here. The sketch is attractive, your authored subject matter stylish. nonetheless, you command get bought an impatience over that you wish be delivering the following. unwell unquestionably come further formerly again since exactly the same nearly a lot often inside case you shield this increase.

  • I should say also believe that mesothelioma is a uncommon form of most cancers that is usually found in people previously subjected to asbestos. Cancerous tissue form inside the mesothelium, which is a safety lining that covers the vast majority of body’s bodily organs. These cells typically form in the lining from the lungs, abdominal area, or the sac which actually encircles one’s heart. Thanks for revealing your ideas.

  • Wonderful post however I was wanting to know if you could write a litte more on this subject? I’d be very thankful if you could elaborate a little bit more. Kudos!

  • I beloved as much as you will receive carried out right here. The comic strip is attractive, your authored material stylish. nevertheless, you command get bought an shakiness over that you want be delivering the following. in poor health certainly come more formerly once more as precisely the similar nearly very incessantly inside case you shield this increase.

  • Very couple of internet sites that occur to be detailed below, from our point of view are undoubtedly effectively worth checking out.

  • Hello there! I know this is kinda off topic nevertheless I’d figured I’d ask. Would you be interested in trading links or maybe guest authoring a blog article or vice-versa? My site covers a lot of the same subjects as yours and I feel we could greatly benefit from each other. If you are interested feel free to send me an e-mail. I look forward to hearing from you! Superb blog by the way!

  • Excellent blog! Do you have any tips for aspiring writers? I’m planning to start my own site soon but I’m a little lost on everything. Would you recommend starting with a free platform like WordPress or go for a paid option? There are so many choices out there that I’m completely confused .. Any tips? Many thanks!

  • hello!,I like your writing so much! share we communicate more about your article on AOL? I need an expert on this area to solve my problem. May be that’s you! Looking forward to see you.

  • Almost all of whatever you claim happens to be supprisingly precise and it makes me wonder why I hadn’t looked at this in this light previously. This particular piece truly did turn the light on for me as far as this specific issue goes. Nevertheless there is 1 point I am not too cozy with so while I try to reconcile that with the core theme of your point, permit me see just what the rest of the subscribers have to say.Well done.

  • Thank you sharing these kinds of wonderful articles. In addition, the right travel and also medical insurance program can often eradicate those worries that come with journeying abroad. Your medical crisis can in the near future become too expensive and that’s bound to quickly put a financial stress on the family’s finances. Having in place the perfect travel insurance program prior to leaving is worth the time and effort. Thank you

  • I simply wished to thank you very much again. I am not sure the things I might have handled in the absence of the concepts revealed by you about such topic. It actually was an absolute frightful difficulty for me, however , looking at a new professional mode you dealt with it took me to jump over happiness. I am just happy for the work as well as pray you recognize what a great job you have been carrying out instructing people by way of your webpage. I am sure you have never encountered all of us.

  • I am really impressed with your writing skills and also with the layout on your weblog. Is this a paid theme or did you customize it yourself? Anyway keep up the nice quality writing, it’s rare to see a nice blog like this one today..

  • Appreciating the time and effort you put into your blog and in depth information you present. It’s great to come across a blog every once in a while that isn’t the same outdated rehashed material. Wonderful read! I’ve saved your site and I’m adding your RSS feeds to my Google account.

  • I’ve been surfing online more than 3 hours lately, but I by no means found any fascinating article like yours. It’s pretty value sufficient for me. Personally, if all website owners and bloggers made good content as you probably did, the internet can be a lot more helpful than ever before. “Where facts are few, experts are many.” by Donald R. Gannon.

  • naturally like your website however you have to take a look at the spelling on quite a few of your posts. Several of them are rife with spelling problems and I find it very troublesome to inform the reality nevertheless I’ll surely come again again.

  • I think this is one of the most important information for me. And i’m glad reading your article. But wanna remark on some general things, The website style is perfect, the articles is really nice : D. Good job, cheers

  • Great beat ! I would like to apprentice while you amend your web site, how could i subscribe for a blog site? The account helped me a acceptable deal. I had been tiny bit acquainted of this your broadcast provided bright clear idea

  • Thanks , I’ve recently been searching for information approximately this subject for a long time and yours is the best I’ve discovered till now. However, what in regards to the conclusion? Are you sure concerning the supply?

  • Many of these shows are operating out of bigger cities like New York or Los Angeles, so you arrive at travel free of charge driving under the influence in to the finals. A model with 3 CCD features a sensor that accumulates all the different colors (Red, Green, and Blue) resulting in superior color reproduction. Painting can be an authentic gift due to its long life and utility.

  • I’ll immediately take hold of your rss as I can’t in finding your e-mail subscription link or e-newsletter service. Do you have any? Kindly let me know in order that I may just subscribe. Thanks.

  • hello!,I like your writing so a lot! proportion we keep up a correspondence extra about your article on AOL? I need an expert on this area to resolve my problem. May be that is you! Taking a look ahead to see you.

  • Thanks for the strategies presented. One thing I also believe is the fact that credit cards presenting a 0 rate often entice consumers along with zero interest, instant approval and easy over-the-internet balance transfers, but beware of the most recognized factor that will probably void your current 0 easy neighborhood annual percentage rate and also throw one out into the poor house fast.

  • I’ve been surfing online more than three hours today, yet I never found any interesting article like yours. It is pretty worth enough for me. In my view, if all webmasters and bloggers made good content as you did, the internet will be much more useful than ever before.

  • I think this is among the most important info for me. And i am glad reading your article. But should remark on some general things, The web site style is ideal, the articles is really great : D. Good job, cheers

  • My spouse and i have been so thankful that Peter managed to round up his homework from your ideas he was given from your site. It’s not at all simplistic just to choose to be giving away information that men and women might have been making money from. We grasp we need you to be grateful to for this. Most of the explanations you have made, the easy site navigation, the relationships you will help to create – it’s mostly awesome, and it is letting our son and our family recognize that the matter is thrilling, and that is exceedingly fundamental. Many thanks for the whole lot!

  • After study a number of of the weblog posts on your web site now, and I really like your method of blogging. I bookmarked it to my bookmark web site checklist and will probably be checking back soon. Pls check out my site as well and let me know what you think.

  • Appreciating the dedication you put into your blog and detailed information you provide. It’s awesome to come across a blog every once in a while that isn’t the same unwanted rehashed material. Great read! I’ve bookmarked your site and I’m adding your RSS feeds to my Google account.

  • Wonderful story, reckoned we could combine some unrelated information, nevertheless definitely really worth taking a look, whoa did one particular master about Mid East has got additional problerms at the same time.

  • I’m also commenting to let you understand what a amazing discovery our girl had checking your blog. She picked up numerous things, with the inclusion of what it’s like to possess an amazing helping spirit to get the mediocre ones clearly learn a variety of hard to do things. You really surpassed our expected results. I appreciate you for supplying those effective, dependable, edifying and in addition easy guidance on your topic to Emily.

  • I think that is one of the most vital information for me. And i’m glad reading your article. But want to commentary on few common things, The site taste is wonderful, the articles is in point of fact excellent : D. Good activity, cheers

  • That is really fascinating, You’re a very professional blogger. I’ve joined your rss feed and stay up for seeking more of your great post. Also, I’ve shared your web site in my social networks!

  • I’m usually to running a blog and i actually respect your content. The article has really peaks my interest. I’m going to bookmark your site and keep checking for brand new information.

Comments are closed.

Contact

If you would like further information or require assistance, please get in touch.

ERIK
MAGRAKEN

Personal Injury Lawyer

When not writing the BC Injury Law Blog, Erik is the managing partner at MacIsaac & Company, based in Victoria, B.C. He is also involved with combative sports regulatory issues and authors the Combat Sports Law Blog.

“Work hard, be kind and enjoy the ride!”
Erik’s Philosophy

Disclaimer