Landlord's Liability Waiver Struck Down in Lewis v. 3414493 Canada Inc.: Lewis v. 3414493 Canada Inc. 2022
Court strikes down landlord's attempt to use lease waiver to avoid liability in tenant slip-and-fall case
Summarized by RentZenLast updated: August 16, 2024
Case Summary
500 Murray Ross Parkway, , ON
Decision in favor of
tenant
Balance Owed
-
Dispute Categories
Agree with the ruling?
Timeline
Application Date
Jan 2021
Hearing Date
Apr 2022
Order Date
May 9, 2022
Dispute Summary
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.
Determinations
- Landlords cannot waive statutory duties through lease provisions
- Exculpatory clause in lease is not enforceable for this type of claim
- Paragraph 16 of landlords' Statement of Defence struck
- Tenant's entire Reply pleading struck as unnecessary
Case Study
The court ruled that landlords cannot escape their statutory duties to maintain safety of residential premises through waivers or exculpatory clauses in lease agreements. The Residential Tenancies Act explicitly states it applies despite any agreement to the contrary. The court struck the paragraph in the landlords' defense relying on the waiver clause, as well as the tenant's reply addressing the waiver, as it became unnecessary.
Arguments and Actions
Landlord
Arguments
Landlords attempted to rely on an exculpatory clause in the lease agreement to avoid liability for the tenant's injury.
Actions
Landlords hired an independent contractor to perform winter maintenance, including snow and ice removal.
Aggravating Factors
Attempting to rely on an unenforceable exculpatory clause in the lease agreement to avoid liability
Tenant
Arguments
Tenant argued that the exculpatory clause in the lease agreement was illegal, unconscionable, and invalid under law.
Actions
Tenant slipped and fell on ice concealed by snow in the parking lot of her apartment residence.
Decision Summary
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.
Adjudicator Details
Superior Court of Justice
Total Orders
4
Landlord Favorable
50.0%
Tenant Favorable
25.0%
Mutual Agreement
25.0%
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Financial Details
Damages
$500,000
Other Owed Amount
$1,000,000
Punitive damages claim
Source
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