Rennie v. Kanco 535 Niagara Apartments Ltd.
Sarah Ann Rebecca Rennie
Law Firm / Organization
League and Williams
Lawyer(s)

Andrew Broadley

Sarah Ann Rebecca Rennie
Law Firm / Organization
Dolden Wallace Folick LLP
Zegas Group Ltd.
Law Firm / Organization
Dolden Wallace Folick LLP
Earthscapes Land Design & Build Inc.
Law Firm / Organization
Dolden Wallace Folick LLP
CAPREIT Limited Partnership
Law Firm / Organization
Dolden Wallace Folick LLP

Facts:
Sarah Ann Rebecca Rennie, the plaintiff, slipped and fell on a grassy area outside her apartment at 535 Niagara Street, Victoria, B.C., on December 10, 2016, fracturing her right ankle. She claimed the overgrown vegetation forced her off a paved pathway, causing her to step onto wet grass, leading to her fall.

Legal Issues:
Rennie pursued claims of negligence and under the Occupiers Liability Act (OLA), arguing that the defendants failed to keep the pathway safe. The central issues were:

  1. Whether the overgrown shrubbery created an objectively unreasonable risk.
  2. If such a risk existed, whether the defendants breached their duty of care.
  3. Whether the breach caused the fall.
  4. Potential contributory negligence by Rennie.

Arguments:
Rennie argued the encroaching vegetation made the path unsafe, forcing her onto slippery grass. The defendants contended the path, vegetation, and grass did not pose unreasonable risks and that Rennie chose a route she knew might be slippery.

Decision:
The court found no unreasonable risk from the pathway or vegetation and concluded that the defendants did not breach their duty of care. Additionally, any risks were deemed ordinary and not requiring further warning.

Outcome:
The plaintiff's claim was dismissed. The decision did not specify an award amount but allowed for submissions on costs if parties could not agree within 90 days of the judgment date.

Supreme Court of British Columbia
S184032
Tort law
Defendant