In this recent decision, a lawyer who was a frequent attendee at the courthouse, lost his slip and fall case on the grounds that the level of cleaning and inspection at the courthouse, in conjunction with the “careful placement of mats at the entrances of the Court House, and daily installation of Signs throughout the ground floor” met the requisite standard of care and was adequate to satisfy the duty under section 3(1) of the Ontario Occupiers’ Liability Act, R.S.O. 1990, c. O.2 “to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.”
Although it wasn’t necessary because the case was dismissed, the judge nonetheless assessed whether the lawyer was partially responsible for his fall, and came concluded that the lawyer was 30% contributory negligent for wearing shoes with worn soles, citing that other people were able to successfully navigate over the water droplets without incident.
Martin v. AGO et al, 2022 ONSC 1923
https://www.canlii.org/en/on/onsc/doc/2022/2022onsc1923/2022onsc1923.html