Background

• Plaintiff, Kimberly Marie Lonsdale, slipped and fell on an icy sidewalk at a condominium complex owned by Morguard Corporation on March 15, 2018.
• She claimed damages of approximately $225,000.
• Morguard applied for summary dismissal, arguing there was no genuine issue requiring a trial.
• The application was dismissed, and Morguard appealed.

Key Legal Issues

1. Standard of Review

   • The appeal is based on the record before the applications judge, per Rule 6.14(3) of the Rules of Court.
   • Fresh evidence may be introduced if deemed relevant.

2. Fresh Evidence (Paul Dimal’s Affidavit)

   • Morguard sought to introduce an affidavit from an employee, Paul Dimal, who stated pickle mix (ice melt) was applied on the day of the incident.
   • The applications judge rejected it because it was introduced late and lacked proper sworn testimony.
   • The appellate judge allowed it but noted it failed to confirm the truth of its contents.

3. Occupiers’ Liability Act

   • Under Section 5, an occupier must take reasonable steps to ensure visitors' safety.
   • The key legal question was whether Morguard had a reasonable snow removal system and followed it.

4. Court’s Findings

   • The judge found uncertainty in evidence, particularly regarding whether proper snow removal was conducted.
   • The snow removal log for March 15, 2018, did not mention pickle mix application, unlike other days.
   • A corporate representative lacked personal knowledge of snow removal efforts that day.
   • These gaps meant a trial was necessary to determine liability.

Decision

• The appeal was dismissed.
• The case will proceed to trial.
• No total monetary award has been determined yet.