Part 17 published on 01/02/07
Condominium Corporation fulfilled its duty as occupier
The trial Court had dismissed the plaintiff’s claim for damages due to a slip and fall while on the common elements of the condominium corporation. The Court of Appeal affirmed the trial Court decision.
The Court of Appeal confirmed that the condominium corporation was occupier of the common elements and accordingly owed a duty to take reasonable care to see that persons using the common elements were reasonably safe. The Court of Appeal said that the condominium corporation had reasonably fulfilled its responsibility by contracting with a competent maintenance firm to keep the common areas free from ice and snow. The Court found that the contracting firm had reasonably discharged its duties. That being the case, the condominium corporation could not be found negligent, and there was no need to consider the application of Section 11(1) of the Occupier’s Liability Act.