Lewis v. 3414493 Canada Inc.

Tenant wins · 500 Murray Ross Parkway · 2022-05-09

Adjudicator

Perell, J.

Dispute

Damage to Property, Maintenance

Landlord

3414493 Canada Inc., Accomplish Investments Limited, Canadian Apartment Properties Real Estate Investment Trust

Tenant

T.L.

Landlord rep

Shivani Patel

Tenant rep

Joel P. McCoy

What happened

The tenant, Terry Lewis, slipped and fell in the parking lot of her apartment residence due to an accumulation of ice concealed by snow. She sued the landlords and maintenance companies for negligence and damages under the Occupiers' Liability Act and Residential Tenancies Act. The landlords attempted to rely on an exculpatory clause in the lease agreement to avoid liability.

The ruling

The court struck paragraph 16 from the landlords' Statement of Defence, which attempted to rely on an exculpatory clause in the lease agreement. The court also struck the tenant's entire Reply pleading as it became unnecessary. The court affirmed that landlords cannot escape their statutory duties to maintain safety of residential premises through waivers or exculpatory clauses in lease agreements.