Last updated: August 16, 2024
Decision in favor of
Tenant
Ordered Amount
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Citation: Lewis v. 3414493 Canada Inc., 2022 ONSC 2769
File Number: CV-21-00655031-0000
Application Date
Jan 2021
Hearing Date
Apr 2022
Order Date
May 9, 2022
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.
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.
Landlords attempted to rely on an exculpatory clause in the lease agreement to avoid liability for the tenant's injury.
Landlords hired an independent contractor to perform winter maintenance, including snow and ice removal.
Attempting to rely on an unenforceable exculpatory clause in the lease agreement to avoid liability
Tenant argued that the exculpatory clause in the lease agreement was illegal, unconscionable, and invalid under law.
Tenant slipped and fell on ice concealed by snow in the parking lot of her apartment residence.
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Damages
$500,000
Other Amount
$1,000,000
Punitive damages claim
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