Der v. Zhao, 2021 BCCA 82
| Jurisdiction | British Columbia |
| Judge | The Honourable Madam Justice Fenlon,The Honourable Madam Justice Griffin,The Honourable Mr. Justice Butler |
| Citation | 2021 BCCA 82 |
| Date | 25 February 2021 |
| Court | Court of Appeal (British Columbia) |
| Docket Number | CA46549 |
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9 practice notes
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Pavlovic v. The Owners, Strata Plan LMS 2211,
...property adjacent to the Sidewalk, does not owe a duty of care to Sidewalk users to remove snow and ice from the Sidewalk: Der v. Zhao, 2021 BCCA 82 [Der CA]; b) The City, as the owner and person with control, has a duty to maintain the Sidewalk: Scheck v. Parkdale P......
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Gujral v. Meat and Bread Sandwich Company Ltd.,
...same time and can both be held liable under the OLA, including with respect to the use of the external sidewalk by patrons: Der v. Zhao, 2021 BCCA 82 at paras. 58 and 102; MacKay v. Starbucks Corporation, 2017 ONCA 350 at [30] There is no question in......
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B.C. Court Finds No Liability For Company Hired To Clear Municipal Sidewalks
...Alberta (in Koch v. Slave Lake Jewellers Ltd., 2001 ABQB 445 and Kluane v. Chasse, 2001 ABQB 244) and British Columbia (in Der v. Zhao, 2021 BCCA 82) have ruled that for both commercial and residential property owners, municipal bylaws do not translate in to a duty of care at common law or ......
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Pavlovic v Just George Cleaning and Maintenance Inc.,
...property line and for the full width of the sidewalk. 6 The judge relied heavily on this Court's decision in Der v Zhao, 2021 BCCA 82 in carrying out an Anns/ Cooper analysis. She noted at para 28 that the following two propositions were not in dispute: a) the strata, as the owner of t......
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3 cases
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Pavlovic v. The Owners, Strata Plan LMS 2211,
...property adjacent to the Sidewalk, does not owe a duty of care to Sidewalk users to remove snow and ice from the Sidewalk: Der v. Zhao, 2021 BCCA 82 [Der CA]; b) The City, as the owner and person with control, has a duty to maintain the Sidewalk: Scheck v. Parkdale P......
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Gujral v. Meat and Bread Sandwich Company Ltd.,
...same time and can both be held liable under the OLA, including with respect to the use of the external sidewalk by patrons: Der v. Zhao, 2021 BCCA 82 at paras. 58 and 102; MacKay v. Starbucks Corporation, 2017 ONCA 350 at [30] There is no question in......
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Pavlovic v Just George Cleaning and Maintenance Inc.,
...property line and for the full width of the sidewalk. 6 The judge relied heavily on this Court's decision in Der v Zhao, 2021 BCCA 82 in carrying out an Anns/ Cooper analysis. She noted at para 28 that the following two propositions were not in dispute: a) the strata, as the owner of t......
6 firm's commentaries
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B.C. Court Finds No Liability For Company Hired To Clear Municipal Sidewalks
...Alberta (in Koch v. Slave Lake Jewellers Ltd., 2001 ABQB 445 and Kluane v. Chasse, 2001 ABQB 244) and British Columbia (in Der v. Zhao, 2021 BCCA 82) have ruled that for both commercial and residential property owners, municipal bylaws do not translate in to a duty of care at common law or ......
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Back To Tort Law Basics ' Plaintiff Fails To Establish A Duty Of Care For Slip And Fall On A Municipal Sidewalk
...10 am as part of its obligations under the Contract. After the commencement of this litigation, the Court of Appeal ruled in Der v. Zhao, 2021 BCCA 82, that the snow removal bylaw does not shift liability for a sidewalk from the City to the adjacent property owners. Accordingly, the Plainti......
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The Most Important Cases For Personal Injury Lawyers
...and went on to complete the task using another ladder. 15. 2008 ABCA 353 16. (1896), 25 S.C.R. 649 17. 2020 PECA 12 18. 2021 ONSC 158. 19. 2021 BCCA 82 20. 49 O.R. (3d) 641 21. The decision in Cooper post-dated the decision in Bongiardina. 22. 2021 ONCA 197 23. Casterton v MacIsaac, 2020 ON......
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BC Court Of Appeal Says Homeowner Does Not Have To Clear City Sidewalk
...v. Zhao, 2021 BCCA 82, BC's Court of Appeal recently considered whether a residential property owner has to remove snow and ice from City An incident occurred in the City of Burnaby, BC on December 21, 2017 as the plaintiff was walking home from a local grocery store with his wife. There ha......
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