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Apart from situations where exculpatory provisions, such as waivers of liability, lack references to “negligence” and/or to “occupier's liability”, are there cases where the contractual language has been found not to refer to the specific situation or risk which occurred?
Does an occupier in Alberta have a duty of care to a child trespasser? If so, what is the standard of care that is required?
How have courts interpreted sections 3(1), 3(2) and 3(3) of the Occupiers Liability Act?
How have courts interpreted the standard of care for occupiers of premises catering to minors differently from those catering to adults?
How have the courts interpreted sections 3 and 4 of Ontario's Occupiers' Liability Act?
How is “occupier” defined in the Occupiers Liability Act and how has this definition been interpreted judicially?
How is an occupier's liability determined in cases where a system of inspections is in place?
If a Property Management Company and/or a homeowner's authority (Council) had actual or imputed notice via a caretaker/resident manager of a resident's complaint regarding another tenant in a complex, what are they obligated to do, under the Strata Property Act?
Is a church an “occupier” in a situation where it has rented space to members of a non-profit group and where a member of the group fell down stairs after all of the church lights had been turned off by a fellow member following a meeting?
Is a church an “occupier” under Ontario's Occupiers' Liability Act in a situation where it rented space to members of a non-profit group and a member of the group fell down stairs after all of the church lights had been turned off by a fellow member following a meeting?
Is a commercial landlord liable for accidents that occur on the premises of one of its tenants?
Is the current law regarding alcohol serving establishments' (“Commercial Hosts”) liability to its patrons and third parties for an over-consumption of alcohol and subsequent injury to the patron or a third party sufficiently clear to prepare a check-list that can be used by Commercial Hosts to mitigate their liability in this area?
Is the Occupiers Liability Act (the “Act”) a complete code of the potential exposure of an occupier or can the occupier be liable in negligence, as an alternative to the liability under the Act?
Is the owner of a hamster who bit someone liable to the injured party either under common law or under the Occupiers Liability Act?
Is the owner of a hamster who bit someone liable to the injured party either under common law or under the Occupiers' Liability Act?
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Duty and standard of care
Liability of owner or possessor of animals
Practice and procedure
Strict liability (rule in Rylands v. Fletcher)