Green v. York Region Condominium Corporation No. 834 (Ontario Superior Court)

The plaintiff was a resident in a highrise condominium.  She became trapped in one of the elevators and was injured when she tried to squeeze out through the elevator’s partially-open doors.  She sued the condominium corporation and the elevator maintenance company for her injuries. 

Prior to trial, the claim against the condominium corporation was settled.  

The Court dismissed the claim against the elevator maintenance company.  The Court said that the elevator maintenance company had not been negligent and therefore was not responsible for the plaintiff’s injuries.  The Court said: 

• The elevator malfunction was the result of a power failure due to an exceptional thunderstorm and related flooding.
• The elevator maintenance company took all reasonable steps to respond to the service call.
• The resident was responsible for her own injuries.
• “Whenever Ms. Green became stuck in the elevator that day she was in a place of safety until she attempted to push herself through the small opening in the elevator doorway.  Unfortunately, had she not done so she would not have fallen through the door and injured her shoulder…In the circumstances, Ms. Green was the author of her own misfortune and the defendant, (elevator maintenance company) cannot be held liable for her injuries.”