Hussein v. Loblaws Supermarkets Ltd. et al.,

• Jurisdiction: Ontario
• Judge: Binks, J.
• Citation: [2000] O.T.C. 414 (SupCt)
• Court: Superior Court of Justice of Ontario (Canada)
• Date: 26 May 2000

Hussein v. Loblaws Supermarkets Ltd., [2000] O.T.C. 414 (SupCt)

MLB headnote and full text

Temp. Cite: [2000] O.T.C. TBEd. JN.041

Mohamed Abdul Hussein, Randa  Hussein, Yusuf Hussein, a minor by his litigation guardian, Mohamed Abdul Hussein, Houda Hussein, a minor by her litigation guardian, Mohamed Abdul  Hussein, Malak Hussein, a minor by his litigation guardian, Mohamed Abdul Hussein, Kohder Hussein, a minor by his litigation guardian, Mohamed Abdul Hussein, and Sarah Hussein, a minor by her litigation guardian, Mohamed Abdul  Hussein (plaintiffs) v. Loblaws Supermarkets Limited and Whitehaven Holdings Ltd. (defendants)

(Court File No. 89333/95)

Indexed As: Hussein v. Loblaws Supermarkets Ltd. et al.

Court of Ontario

Superior Court of Justice

Binks, J.

May 26, 2000.

Summary:

The plaintiff slipped on a wet floor resulting from melting snow near a cash register at the defendant supermarket. He fell, hurting his neck, back and left thumb. The pain in his thumb lasted about 3.5 months at a significant level. He was pain free after seven to eight months. His neck was now better, but his back pain persisted. He claimed that he was no longer able to work as a retail salesman. He sued, seeking, inter alia, general damages and damages for loss of earning capacity.

The Ontario Superior Court held that the supermarket was liable and awarded the plaintiff $60,000 general damages. The court held that the plaintiff had failed to establish loss of earning capacity on a simple probability.

Damage Awards - Topic 37

Injury and death - Arm and hand injuries - Thumb - See paragraphs 30 to 57.

Damage Awards - Topic 66

Injury and death - Body injuries - Back - General - See paragraphs 30 to 57.

Damage Awards - Topic 174

Injury and death - Neck injuries - General - See paragraphs 30 to 57.

Damages - Topic 1549

General damages - General damages for personal injury - Impairment of earning capacity - See paragraphs 58 to 78.

Torts - Topic 3577

Occupiers' liability or negligence for dangerous premises - Negligence of occupier - Floors - See paragraphs 1 to 29.

Torts - Topic 3616

Occupiers' liability or negligence for dangerous premises - Negligence of particular occupiers - Retail store - See paragraphs 1 to 29.

Cases Noticed:

Campbell v. Royal Bank of Canada, [1964] S.C.R. 85, refd to. [para. 21].

Cosgrave v. Busk, [1966] 1 O.R. 717 (H.C.), refd to. [para. 25].

Authors and Works Noticed:

Rainaldi, L.D., Remedies in Tort, vol. 3 [para. 20].

Counsel:

 Anne M. Mullins, for the plaintiffs;

 Mark Smith, for the defendants.

This action was heard on May 17-20 and December 7 and 9, 1999, by Binks, J., of the Ontario Superior Court, who released the following reasons for judgment on May 26, 2000.

Please note: The following judgment has not been edited.