Victory in Court! Blouin Dunn Lawyer, A.J. Wachna Ensures Safety of Children

Summary judgment blocked!

The case involves a commercial building with a common parking lot and multiple commercial tenants.  One of the tenants is a daycare centre. 

The Plaintiff dropped off her infant child at the daycare centre.  As she was returning to her car, she claims to have slipped on ice in the parking lot and suffered injury.  She sued the property owner, the daycare centre, and our client, the winter maintenance contractor.

The daycare filed a motion for summary judgment, seeking to be let out of the action.  They argued that they were not responsible for the parking lot because it was not part of their lease and the landlord had contracted to maintain it.  The daycare also argued that it owed no duty to the children or parents once they were off the rented daycare premises (i.e., in the parking lot).

We argued that the daycare owed a duty to the children and parents, because it shared in the control and maintenance of the parking lot, at least in the area where the Plaintiff claims to have fallen.

The court sided with us.  The court found that the daycare could not just walk away from liability  because—even if the parking lot was not part of the daycare’s lease—there were too many indications that the daycare was still exercising control, and thus was an “occupier” and responsible for the safety of the parking lot.

The complete decision can be found as follows: Citation: Peekaboo v. Arcovit [Court File No.: VC-14-120111].

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A.J. Wachna

Blouin Dunn Lawyer, Tessie Kalogeras Successfully Argues A License Appeal Tribunal (LAT) Hearing

Blouin Dunn Lawyer, Tessie Kalogeras conducted a two day Hearing at the License Appeal Tribunal in October and November 2016. 

The decision (which was released on April 24, 2017) resulted in a complete loss for the Applicant who was claiming entitlement to Income Replacement Benefits, Medical Benefits and a Cost of an Examination.  Although not an issue in dispute, the Adjudicator also declared the Applicant’s injuries fell within the Minor Injury Guideline.  This in effect completely extinguished the Applicant’s claim for accident benefits on a go forward basis.  The lengthy decision provides good commentary on the way evidence of experts are treated at the LAT; as well as the conduct of counsel at these types of Hearings.

The link to the complete decision will be posted here upon release.

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Tessie Kalogeras