Arnoldo v. Halton Condominium Corporation No. 74 (Superior Court of Justice/Oakville Small Claims Court c/o Burlington Small Claims Court)

The plaintiff brought a claim against the condominium corporation for damages to his car, caused when the garage door fell off its track and landed on the car.  The Court held that forseeability (and therefore negligence) were not proven.  The Court therefore found that the condominium corporation was not liable under the Occupier’s Liability Act, and the claim was dismissed.  The court said: …while the occupier of the condo must take reasonable care in all circumstances, it does not mean that it is an insurer of all risks.  The standard is not perfection but reasonableness.