Robinson et al. v. Lewis et al., 2015 ABQB 385
Judge | Yungwirth, J. |
Court | Court of Queen's Bench of Alberta (Canada) |
Case Date | March 05, 2015 |
Citations | 2015 ABQB 385;[2015] A.R. TBEd. AU.056 |
Robinson v. Lewis, [2015] A.R. TBEd. AU.056
MLB being edited
Currently being edited for A.R. - judgment temporarily in rough form.
Temp. Cite: [2015] A.R. TBEd. AU.056
Stephen Robinson and Her Majesty the Queen in Right of Alberta (plaintiffs) v. Michael Lewis and Travis Storshin (defendants)
(1203 19064; 2015 ABQB 385)
Indexed As: Robinson et al. v. Lewis et al.
Alberta Court of Queen's Bench
Judicial District of Edmonton
Yungwirth, J.
June 15, 2015.
Summary:
The plaintiff, Robinson, was assaulted by the defendant, Lewis, at a New Year's Eve party hosted by the defendant, Storshin, in his home. Lewis was convicted of aggravated assault. Robinson sued Storshin as homeowner and as host, alleging that he was negligent. Robinson also sued Lewis for damages for personal injuries. Robinson obtained summary judgment and an assessment of damages as against Lewis. Storshin thereafter applied for summary judgment dismissing the plaintiff's action against him pursuant to Rule 7.3 of the Alberta Rules of Court.
The Alberta Court of Queen's Bench allowed Storshin's application for summary judgment and dismissed the plaintiff's action.
Practice - Topic 5702
Judgments and orders - Summary judgments - Jurisdiction or when available or when appropriate - See paragraphs 21 to 35.
Torts - Topic 45
Negligence - Standard of care - Particular persons and relationships - Landowners or occupiers of land - See paragraphs 36 to 61.
Torts - Topic 49.35
Negligence - Standard of care - Particular persons and relationships - Social hosts - See paragraphs 71 to 78.
Torts - Topic 3505
Occupiers' liability or negligence for dangerous premises - General principles - Duty of occupier - To visitor - See paragraphs 62 to 70.
Torts - Topic 3573
Occupiers' liability or negligence for dangerous premises - Negligence of occupier - Visitors - See paragraphs 62 to 70.
Counsel:
L. Roe (Beaver Leebody Frank & Associates), for the plaintiff, Stephen Robinson;
A. Kostek (Chomicki Baril Mah LLP), for the defendant, Travis Storshin.
This case was heard in Edmonton, Alberta, on March 5, 2015, before Yungwirth, J., of the Alberta Court of Queen's Bench, who delivered the following decision on June 15, 2015.
To continue reading
Request your trial-
McCormick v. Plambeck, 2020 BCSC 881
...alcohol. Similarly, private parties of a reasonable size are usually viewed by the courts as not inherently risky: see Robinson v. Lewis, 2015 ABQB 385, at paras. 72-77. Likewise, an invitation to a co-worker’s home to have dinner and after-work drinks outside is not inherently dangerous or......
-
Canada (Attorney General) v 18335898 Alberta Ltd (Whitecap Energy Inc.),
...Court 7 Alberta Rules of Court, Alta Reg 124/2010, r 13.6(3)(r), Poulin Estate v Niewchas, (1992) 4 Alta LR (3d) 35, Robinson v Lewis, 2015 ABQB 385. Discussion Debt and Taxes 8 A creditor has standing to ask that a dissolved corporation be revived pursuant to s 206.1(a) of the A BCA. The f......
-
Williams v. Richard, 2018 ONCA 889
...alcohol. Similarly, private parties of a reasonable size are usually viewed by the courts as not inherently risky: see Robinson v. Lewis, 2015 ABQB 385, at paras. 72-77. Likewise, an invitation to a co-worker’s home to have dinner and after-work drinks outside is not inherently dangerous or......
-
Jonasson v Nexen, 2018 ABQB 598
...2012 ABQB 648 at para 43. A general statute need not be pled, as long as the facts pled fall within its terms: Robinson v Lewis, 2015 ABQB 385 at para [43] The ESC is not an obscure statute. As a large and sophisticated employer, Nexen could not possibly have been surprised by its existence......
-
McCormick v. Plambeck, 2020 BCSC 881
...alcohol. Similarly, private parties of a reasonable size are usually viewed by the courts as not inherently risky: see Robinson v. Lewis, 2015 ABQB 385, at paras. 72-77. Likewise, an invitation to a co-worker’s home to have dinner and after-work drinks outside is not inherently dangerous or......
-
Canada (Attorney General) v 18335898 Alberta Ltd (Whitecap Energy Inc.),
...Court 7 Alberta Rules of Court, Alta Reg 124/2010, r 13.6(3)(r), Poulin Estate v Niewchas, (1992) 4 Alta LR (3d) 35, Robinson v Lewis, 2015 ABQB 385. Discussion Debt and Taxes 8 A creditor has standing to ask that a dissolved corporation be revived pursuant to s 206.1(a) of the A BCA. The f......
-
Williams v. Richard, 2018 ONCA 889
...alcohol. Similarly, private parties of a reasonable size are usually viewed by the courts as not inherently risky: see Robinson v. Lewis, 2015 ABQB 385, at paras. 72-77. Likewise, an invitation to a co-worker’s home to have dinner and after-work drinks outside is not inherently dangerous or......
-
Jonasson v Nexen, 2018 ABQB 598
...2012 ABQB 648 at para 43. A general statute need not be pled, as long as the facts pled fall within its terms: Robinson v Lewis, 2015 ABQB 385 at para [43] The ESC is not an obscure statute. As a large and sophisticated employer, Nexen could not possibly have been surprised by its existence......
-
Tis The Season: A Refresher On Social Host Liability
...alcohol. Similarly, private parties of a reasonable size are usually viewed by the courts as not inherently risky: see Robinson v. Lewis, 2015 ABQB 385 (Alta. Q.B.), at paras. 72-77. Likewise, an invitation to a co-worker's home to have dinner and after-work drinks outside is not inherently......