Bondy v. London (City); Occupiers’ Liability ActPosted March 4, 2016
2014 ONCA 291 (CanLII); Lerners acted for the respondent Lyszczek in this appeal. The plaintiff-appellant fell on an icy city-owned sidewalk which ran adjacent to her neighbour, Lyszczek’s, house. The plaintiff sued the City and the neighbour following the fall. The Ontario Court of Appeal held that the defendant Lyszczek was not responsible for the plaintiff’s injuries, as she was not an occupier under the Occupiers’ Liability Act and was not subject to the City of London’s street by-laws. The Ontario Court of Appeal also dismissed the claim against the City.