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Occupier’s LIability

Hauer & Co. > Occupier’s LIability

Park bench collapse: strata not liable

In Hamilton v. The Owners, Strata Plan VIS3782, 2018 BCSC 1585, the plaintiff was injured in a park bench collapse. He fell while getting up from a wooden bench he had been sitting on. An armrest broke away from the bench when the plaintiff put his weight on it. That caused him to lose his balance and fall to the ground, breaking his hip. The bench was located on the grounds of Broadmead Terrace, a five-building condominium complex in Saanich, British Columbia, owned by the defendants, Owners of Strata Plan VIS3782 (the “Strata”). The issue is whether the Strata is...

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Property owner not responsible for icy sidewalk fall – despite bylaw requiring snow removal

Snowy and icy urbal streetscape

In the recent decision of Scheck v. Parkdale Place Housing Society, 2018 BCSC 938, the plaintiff, Muriel Winona Scheck slipped and fell on an icy sidewalk in Summerland, B.C. on December 29, 2015. ' The icy sidewalk separated Angus Street in Summerland from a senior’s housing facility operated by the defendant Parkdale Place Housing Society (“Parkdale”), where Ms. Scheck lived. The icy sidewalk was the property of the defendant, The Corporation of the District of Summerland (“Summerland”). All parties agreed that Ms. Scheck fell on Summerland’s sidewalk, and that she injured herself in the fall. The court was tasked with determining if either...

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