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November 13, 2017 – Gendron v. Équipements Yves Landry Inc., 2017 QCCQ 2563 Claude Gendron (“Gendron”) claimed $15,000 from Équipements Yves Landry Inc. (“Équipements”) for damages after falling in the company’s warehouse. The Facts On May 29, 2013, Gendron went to Équipements to make a purchase. During this visit, an Équipements employee led Gendron to the back of the warehouse and...

November 13, 2017 – A Summary of Key Principles: The duty of an occupier is to take such care as in all of the circumstances is reasonable to ensure that lawful visitors are reasonably safe. The fact that a slip and fall occurs does not create a presumption of negligence. The onus is upon the plaintiff to establish that...

November 13, 2017 – Wilk v Arbour, 2017 ONCA 21. This is an appeal from an order of Faieta J. dismissing the Plaintiff’s motion for summary judgement under the Dog Owner’s Liability Act and granting the Plaintiff’s cross-motion, finding that she was entitled to damages. The appeal was allowed. Read More

October 19, 2017 – In the recent decision of Wärtsilä Canada Inc. v. Transport Desgagnés Inc., 2017 QCCA 1471, the Quebec Court of Appeal decided that the trial judge had erred in law by determining that the contract between the parties was governed by the Quebec Civil Code as opposed to Canadian maritime law and as such, reduced the...