Chong v. Flynn et al., (1998) 227 A.R. 397 (QBM)

• Court: Court of Queen's Bench of Alberta (Canada)
• Case Date: June 09, 1998
• Citations: (1998), 227 A.R. 397 (QBM)

Chong v. Flynn (1998), 227 A.R. 397 (QBM)

MLB headnote and full text

Temp. Cite: [1998] A.R. TBEd. JN.100

Vui Tze Chong (plaintiff) v. Patrick Flynn, Sharon Lynn Flynn, John Doe and Jane Doe (defendants)

(Action No. 9703-01741)

Indexed As: Chong v. Flynn et al.

Alberta Court of Queen's Bench

Judicial District of Edmonton

Funduk, Master in Chambers

June 9, 1998.

Summary:

The plaintiff slipped and fell on a public sidewalk in front of the Flynns' land. She sued the Flynns for her injuries alleging that they were negligent, inter alia, in failing to clear the sidewalk of snow and failing to sand it and alleged they failed to exercise a duty of care under the Occupier's Liability Act. The Flynns applied for summary judg­ment dismissing the action.

A Master of the Alberta Court of Queen's Bench granted summary judgment.

Torts - Topic 45

Negligence - Standard of care - Particular persons and relationships - Landowners or occupiers of land - The plaintiff slipped and fell on a public sidewalk in front of the Flynns' land - She sued the Flynns for her injuries alleging that they were negli­gent, inter alia, in failing to clear the side­walk of snow and failing to sand it and alleged that they failed to exercise their duty of care under the Occu­pier's Liability Act - A Master of the Alberta Court of Queen's Bench granted the Flynns sum­mary judgment and dis­missed the action against them - The Flynns were not oc­cupiers of the sidewalk as defined in the Act - There was no common law duty on the Flynns to the users of the sidewalk to maintain it, including keeping it clear of ice and snow.

Torts - Topic 77

Negligence - Duty of care - Relationship required to raise duty of care - [See Torts - Topic 45 ].

Torts - Topic 3554

Occupiers' liability or negligence for dan­gerous premises - Occupier and premises defined - Respecting sidewalks - [See Torts - Topic 45 ].

Torts - Topic 3588

Occupiers' liability or negligence for dan­gerous premises - Negligence of occupier -Sidewalks - [See Torts - Topic 45 ].

Torts - Topic 3712.5

Occupiers' liability or negligence for dan­gerous premises - Invitees - Liability of particular occupiers (incl. duty and stan­dard of care) - Sidewalks - [See Torts - Topic 45 ].

Cases Noticed:

Reference Re Remuneration of Judges of the Provincial Court (P.E.I.) (1997), 217 N.R. 1; 206 A.R. 1; 121 Man.R.(2d) 1; 156 W.A.C. 1; 156 Nfld. & P.E.I.R. 1; 483 A.P.R. 1; 150 D.L.R.(4th) 577 (S.C.C.), refd to. [para. 1].

Edgar v. Canadian Imperial Bank of Com­merce (1977), 6 A.R. 104 (N.W.T.C.A)., refd to. [para. 6].

Reid v. Board of Education of Calgary et al. (1997), 207 A.R. 238 (Q.B.), refd to. [para. 6].

Shwemer v. Odeon Morton Theatres Ltd. (1985), 37 Man.R.(2d) 176 (C.A.), refd to. [para. 6].

Slumski v. Mutual Life Assurance Co. of Canada, [1994] O.J. No. 301 (Div. Ct.), refd to. [para. 6].

Gandara v. Toronto (City), [1994] O.J. No. 1868 (Gen. Div.), refd to. [para. 6].

Counsel:

H. Berndt, for the plaintiff;

Leslie C. Paetz (Chomicki Baril), for the defendants Flynn.

This application was heard before Funduk, Master in Chambers, of the Alberta Court of Queen's Bench, Judicial District of Edmonton, who delivered the following reasons for judgment on June 9, 1998.