654287 Ont. Ltd. v. Windsor, [2000] O.T.C. 351 (SupCt)

• Judge: Quinn, J.
• Court: Superior Court of Justice of Ontario (Canada)
• Case Date: May 11, 2000
• Jurisdiction: Ontario
• Citations: [2000] O.T.C. 351 (SupCt)

654287 Ont. Ltd. v. Windsor, [2000] O.T.C. 351 (SupCt)

MLB headnote and full text

Temp. Cite: [2000] O.T.C. TBEd. MY.095

654287 Ontario Limited (plaintiff/appellant) v. The Corporation of the City of Windsor (defendant/respondent)

(99-GS-20153)

Indexed As: 654287 Ontario Ltd. v. Windsor (City)

Court of Ontario

Superior Court of Justice

Quinn, J.

May 18, 2000.

Summary:

A tree belonging to the defendant City fell on the plaintiff's premises. The plaintiff sued the defendant for negligence. The tree showed rot in its core, but there were no visible signs of decay on its exterior. A deputy judge dismissed the plaintiff's claim. The plaintiff appealed.

The Ontario Superior Court dismissed the appeal. The defendant was not called upon to call evidence respecting the reasonableness of its inspection system unless the plaintiff had established a prima facie case of negligence, and the plaintiff had not done so.

Municipal Law - Topic 1808.2

Liability of municipalities - Negligence - Trees - See paragraphs 1 to 7.

Torts - Topic 3586

Occupiers' liability or negligence for dangerous premises - Negligence of occupier - Trees - See paragraphs 1 to 7.

Cases Noticed:

Doucette v. Parent (1996), 14 O.T.C. 354; 31 C.C.L.T.(2d) 190 (Gen. Div.), refd to. [para. 4].

Kelley et al. v. Ingersoll (Town) et al. (1996), 5 O.T.C. 212 (Gen. Div.), refd to. [para. 5].

Counsel:

Tullio Meconi, for the plaintiff/appellant;

Tom Serafimovski, for the defendant/respondent.

This appeal was heard on May 11, 2000, by Quinn, J., of the Ontario Superior Court, who released the following decision on May 18, 2000.

Please note: The following judgment has not been edited.