Sentences with phrase «by occupiers of premises»

In general terms, the Act sets out the duty of care owed by occupiers of premises to persons who come onto those premises and specifies certain exceptions to the prescribed duty of care.

The upshot of the decision in Schnarr is that waivers of liability will be valid if they relate to personal injury or property damage on a premises and are obtained by the occupier of that premises.

Not exact matches

According to a release from the NIC, the compulsory insurance will cover fire and allied perils like flood, earthquake, the collapse of buildings, storm and as well, legal liabilities of an owner or occupier of premises in respect of loss of or damage to property, bodily injury or death suffered by all users of the premises and third parties.

Section 9 of the CPA undermines this purpose by purporting to impose an additional duty upon occupiers who offer services that the premises are of a «reasonably acceptable quality.»

Pursuant to s. 3 (1) of DOLA, where damage is caused by being bitten or attacked by a dog on the premises of the owner, the liability of the owner is determined under [DOLA] and not under the Occupiers» Liability Act.

Premises liability law involves the legal responsibility of owners and occupiers of property for mishaps experienced by persons on the property and the resulting injuries.

An «occupier» is defined in the legislation as including «(a) a person who is in physical possession of premises; or (b) a person who has responsibility for and control over the condition of premises or the activities there carried on, or control over persons allowed to the premises...» An occupier's duty of care under the legislation is as follows: «An occupier of premises owes a duty to take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.»

9 (1) A police officer, or the occupier of premises, or a person authorized by the occupier may arrest without warrant any person he or she believes on reasonable and probable grounds to be on the premises in contravention of section 2.

When the plaintiff visitor is a trained professional or tradesman who is retained by the occupier to provide skilled work, the duty of the occupier only encompasses the safety of the premises, but does not extend to telling the visitor how to practice his occupation.

By Michael Lesage In Ontario, the occupier of property is under a statutory duty to: «take reasonable care in the circumstances to make their premises safe.

Pursuant to the Act, an occupier of premises owes a duty to take such care to see that persons entering on the premises, and the property brought on the premises by those persons, are reasonably safe while on the premises.

The procedure is commenced by the service of a summary termination notice on the tenant, any qualifying interest holder, and at the premises addressed to «the occupier».

Premises or property liability is an area of law that involves the legal responsibility of owners and occupiers of property for accidents and injuries suffered by persons inside or outside their property due to unsafe conditions.

The appellant sued the respondents alleging negligence, breach of duty of care, and breach of their duty under s. 3 (1) of the Occupiers» Liability Act, R.S.O. 1990, c. O. 2, to «take such care as in all the circumstances of the case is reasonable to see that persons entering on the premises, and the property brought on the premises by those persons are reasonably safe while on the premises.»