The Duties Of An Occupier To Provide Reasonable Safety Under The Occupier’s Liability Act.

We have in Ontario an act called the Occupier’s Liability Act, which defines the term “occupier” as a person who is in physical possession of a premises or a person who has responsibility for and control over the condition of a premises even if there is more than one occupant. The occupier’s duty is to […]

What An Occupier Is, And What The Occupier’s Responsibility Is In A Personal Injury Case.

July 2, 2008 by  
Category: Personal Injury Law

An occupier of a space may be the lessee of the space or it may just be someone who is occupying a space temporarily. For instance, when a store puts merchandise out on the sidewalk for display, the store becomes much more responsible for the sidewalk than they otherwise would be. Even though there is […]

Can An Occupier Avoid Liability By Contracting Out The Responsibility To Someone Else?

July 1, 2008 by  
Category: Personal Injury Law

It is unlikely that an occupier could contract out of responsibility but there may be the opportunity for the occupier to make a claim against somebody else in terms of responsibility. For instance, a city may hire somebody to clean their sidewalks and in that contract, the contractor may have a clause stating that if […]

What The Occupier’s Liability May Be If A Person Is Injured While Trespassing Or Trespassing To Commit A Crime

June 30, 2008 by  
Category: Personal Injury Law

Sometimes an accident may occur when someone is either simply trespassing or is trespassing with the intent to commit a crime. For the occupier, liability comes down to whether the risk was foreseeable. For instance, if snow removal at a school leaves piles of snow that give the children an opportunity to get on to […]